United States of America v. Joseph Felix Deherrera

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NOT FOR PUBLICATION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.
JOSEPH FELIX DEHERRERA,
Defendant - Appellant.
No. 11-10498
D.C. No. 2:09-cr-01359-PGR
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Paul G. Rosenblatt, District Judge, Presiding
Submitted November 13, 2012**
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Joseph Felix DeHerrera appeals from his guilty-plea conviction and
236-month sentence imposed for abusive sexual contact, in violation of 18 U.S.C.
§§ 1153, 2244(a)(5), and 2246. Pursuant to Anders v. California, 386 U.S. 738
FILED
NOV 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-10498 2
(1967), DeHerrera’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
DeHerrera 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. We
dismiss in light of the valid appeal waiver. See United States v. Watson, 582 F.3d
974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

-- 2 of 2 --