United States of America v. Jose De Jesus Garcia

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NOT FOR PUBLICATION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 DE JESUS GARCIA,
Defendant - Appellant.
No. 09-30089
D.C. No. 2:05-cr-00192-WFN
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Jose De Jesus Garcia appeals from his guilty-plea conviction and 70-month
concurrent sentence for conspiracy to distribute 500 grams or more of a mixture or
substance containing cocaine, and conspiracy to launder monetary instruments, in
violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(ii), and § 1956(a)(1) and (h).
FILED
SEP 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30089 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia’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 considered the claims raised by Garcia in his pro se
supplemental opening brief submitted on March 24, 2010. We have further
considered the government’s answering brief and Garcia’s pro se reply brief.
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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.

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