United States of America v. Jose Armando Damiano

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE ARMANDO DAMIANO,
Defendant - Appellant.
No. 11-10594
D.C. No. 2:10-cr-00282-ROS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, Chief Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Jose Armando Damiano appeals from the district court’s judgment and
challenges his guilty-plea conviction and 111-month sentence for conspiracy to
possess with intent to distribute methamphetamine, in violation of 21 U.S.C.
FILED
APR 22 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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§§ 841(a)(1), (b)(1)(A)(viii); and 846; and possession with intent to distribute
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Damiano’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 Damiano 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 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
11-10594 2

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