United States of America v. Indalecio Castro-Ponce, a.k.a. Chito

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
INDALECIO CASTRO-PONCE, a.k.a.
Chito,
Defendant - Appellant.
No. 15-10164
D.C. No. 2:12-cr-01363-SRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Indalecio Castro-Ponce appeals from the district court’s judgment and
challenges the 216-month sentence imposed upon resentencing, following his jury-
trial conviction for conspiracy to possess with intent to distribute
FILED
FEB 29 2016
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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methamphetamine and possession with intent to distribute methamphetamine, in
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii). Pursuant to Anders v.
California, 386 U.S. 738 (1967), Castro-Ponce’s counsel has filed a brief stating
that there are no grounds for relief, along with a motion to withdraw as counsel of
record. Castro-Ponce has filed a pro se supplemental brief. No answering brief
has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80 (1988), discloses no arguable grounds for relief on direct appeal. We do not
consider Castro-Ponce’s pro se challenges to his conviction, which was previously
affirmed by this court. See United States v. Castro-Ponce, No. 13-10377, 2014
WL 5421584 (9th Cir. Oct. 24, 2014).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
15-10164 2

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