United States of America v. Jonathan Rojas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JONATHAN ROJAS,
Defendant - Appellant.
No. 13-50080
D.C. No. 3:11-cr-03266-JM
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
Jonathan Rojas appeals from the district court’s judgment and challenges his
guilty-plea conviction and 60-month sentence for importation of
methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. Pursuant to Anders
v. California, 386 U.S. 738 (1967), Rojas’s counsel has filed a brief stating that
FILED
APR 11 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Rojas the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Rojas has waived the right to appeal his conviction and sentence. Our
independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
13-50080 2

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