United States of America v. Rodolfo Duarte

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NOT FOR PUBLICATION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.
RODOLFO DUARTE,
Defendant - Appellant.
No. 10-50303
D.C. No. 3:09-cr-03844-JAH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Rodolfo Duarte appeals from his jury-trial conviction and 12-month
sentence for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960;
and for possession of marijuana with intent to distribute, in violation of 21 U.S.C.
FILED
SEP 13 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50303 2
§ 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Duarte’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 provided Duarte 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.

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