United States of America v. Jose Venegas-Sagaste

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE VENEGAS-SAGASTE,
Defendant - Appellant.
No. 12-10306
D.C. No. 2:10-cr-00248-JCM
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Jose Venegas-Sagaste appeals from the district court’s judgment and
challenges his guilty-plea conviction and 120-month sentence for conspiracy to
distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(A)(viii), and 846. Pursuant to Anders v. California, 386 U.S. 738
FILED
OCT 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10306 2
(1967), Venegas-Sagaste’s counsel has filed a brief stating that there are no
grounds for relief, along with a motion to withdraw as counsel of record. We have
provided Venegas-Sagaste the opportunity to file a pro se supplemental brief. No
pro se supplemental brief or answering brief has been filed.
Venegas-Sagaste has waived his 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.

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