USA V. MICHAEL ATONDO, No. 12-10137 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 06 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-10137 D.C. No. 2:11-cr-00691-SRB v. MEMORANDUM* MICHAEL ANGELO ATONDO, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Michael Angelo Atondo appeals from the district court s judgment and challenges his jury-trial conviction and 96-month sentence for conspiracy to commit importation of marijuana, in violation of 21 U.S.C. §§ 846, 952(a), 960(a)(1), and 960(b)(2)(G); and conspiracy to possess with intent to distribute and * 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). possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(vii), and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Atondo s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Atondo has filed a pro se supplemental brief. No 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. 2 12-10137

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