. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

. Initially, counsel for Cruz-Ortiz filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that there were no arguable issues for review and moving to withdraw as counsel of record. The court’s independent review of the record disclosed an arguable issue concerning the validity of Cruz-Ortiz's guilty plea. Cruz-Ortiz, however, then submitted a written waiver of any challenge to the validity of his plea. A brief raising Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) has been substituted for the Anders brief, and Apprendi is the only claim at issue on appeal.