United States v. Rodolfo Duarte

FILED

NOT FOR PUBLICATION SEP 13 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 10-50303

Plaintiff - Appellee, D.C. No. 3:09-cr-03844-JAH

v.

MEMORANDUM *

RODOLFO DUARTE,

Defendant - Appellant.

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.

* 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). § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Duarte’s

counsel has filed a brief stating…