Testo completo
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NOT FOR PUBLICATION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.
MANUEL DE JESUS RUAN-ROCHIN,
a.k.a. Manuel Ruan-Rochin,
Defendant - Appellant.
No. 10-10580
D.C. No. 4:09-cr-01120-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Manuel de Jesus Ruan-Rochin appeals from the 60-month sentence imposed
following his guilty-plea conviction for possession with intent to distribute
approximately 1,601 kilograms of marijuana, in violation of 21 U.S.C.
FILED
FEB 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
-- 1 of 2 --
10-10580 2
§§ 841(a)(1) and 841(b)(1)(A)(vii). Pursuant to Anders v. California, 386 U.S.
738 (1967), Ruan-Rochin’s counsel has filed a brief stating there are no grounds
for relief, along with a motion to withdraw as counsel of record. We have
provided the appellant with the opportunity to file a pro se supplemental brief. No
pro se supplemental brief or answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We
dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d
1179, 1182 (9th Cir. 2000).
The motion to file a corrected brief is granted. The amended brief received
on December 2, 2011, is deemed filed.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
-- 2 of 2 --