U.S. v. VEGA, 10-30027 (9th Cir. 6-8-2011)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. IVAN OSVALDO VEGA, Defendant-Appellant.

No. 10-30027.United States Court of Appeals, Ninth Circuit.Submitted May 24, 2011.[**]
June 8, 2011.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See
Fed.R.App.P. 34(a)(2).

MEMORANDUM[*]

[*] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding D.C. No. 4:08-cr-00240-BLW.

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

Ivan Osvaldo Vega appeals from his conviction and 92-month sentence imposed following his guilty-plea conviction for possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Pursuant to Anders v. California, 386 U.S. 738 (1967), Vega’s counsel

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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).

Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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