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United States v. Oscar Zamudio-Duran, 12-10435 (2014)

Court: Court of Appeals for the Ninth Circuit Number: 12-10435
Filed: Feb. 27, 2014
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION FEB 27 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10435 Plaintiff - Appellee, D.C. No. 2:10-cr-01351-NVW v. MEMORANDUM* OSCAR RAFAEL ZAMUDIO-DURAN, a.k.a. Oscar Zamudio-Duran, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding Submitted February 18, 2014** Before: ALARCÓN, O’SCANNLAIN, and FERNAN
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                                                                           FILED
                            NOT FOR PUBLICATION                             FEB 27 2014

                                                                        MOLLY C. DWYER, CLERK
                     UNITED STATES COURT OF APPEALS                      U.S. COURT OF APPEALS



                             FOR THE NINTH CIRCUIT


UNITED STATES OF AMERICA,                        No. 12-10435

               Plaintiff - Appellee,             D.C. No. 2:10-cr-01351-NVW

  v.
                                                 MEMORANDUM*
OSCAR RAFAEL ZAMUDIO-DURAN,
a.k.a. Oscar Zamudio-Duran,

               Defendant - Appellant.


                    Appeal from the United States District Court
                             for the District of Arizona
                      Neil V. Wake, District Judge, Presiding

                           Submitted February 18, 2014**

Before:        ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.

       Oscar Rafael Zamudio-Duran appeals from the district court’s judgment and

challenges the 108-month sentence imposed following his guilty-plea conviction

for conspiracy to commit money laundering, in violation of 18 U.S.C.


          *
             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).
§ 1956(a)(1)(A)(i), (h). Pursuant to Anders v. California, 
386 U.S. 738
(1967),

Zamudio-Duran’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

Zamudio-Duran the opportunity to file a pro se supplemental brief. No pro se

supplemental brief or answering brief has been filed.

      Zamudio-Duran has waived his right to appeal his 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.




                                          2                                   12-10435

Source:  CourtListener

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