United States of America v. JOSE DE JESUS GARCIA RODRIGUEZ, AKA Caballo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSE DE JESUS GARCIA RODRIGUEZ,
AKA Caballo,
Defendant-Appellant.
No. 21-10366
D.C. No. 4:19-cr-00614-PJH-1
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, District Judge, Presiding
Submitted November 15, 2022**
Before: CANBY, CALLAHAN, and BADE, Circuit Judges.
Jose De Jesus Garcia Rodriguez appeals from the district court’s judgment
and challenges his guilty-plea conviction and 87-month sentence for distribution of
methamphetamine, in violation of 21 U.S.C § 841(a)(1), (b)(1)(C). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Rodriguez’s counsel has filed a brief
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
NOV 21 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-10366
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. We have provided Rodriguez the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Rodriguez waived his right to appeal his conviction and 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.

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