NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT JAN 02 2013

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS UNITED STATES OF AMERICA, No. 11-10522

Plaintiff - Appellee, D.C. No. 2:09-cr-00466-PMP v.

MEMORANDUM * RICARDO SANTACRUZ-BECERILL,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Nevada

Philip M. Pro, District Judge, Presiding

Submitted December 19, 2012 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Ricardo Santacruz-Becerill appeals from the district court’s judgment and challenges his guilty-plea conviction and 151-month sentence for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1),

*

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(b)(1)(A)(viii) and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Santacruz-Becerill’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Santacruz-Becerill has filed a pro se supplemental brief, and the government has filed an answering brief.

Santacruz-Becerill has waived his right to appeal his conviction and sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable issue as to the validity of the waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss the appeal. See id. at 988.

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 11-10522