NOT FOR PUBLICATION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. 12-50043

Plaintiff - Appellee, D.C. No. 2:10-cr-00823-JHN v.

MEMORANDUM * CHARANJIT SINGH,

Defendant - Appellant.

Appeal from the United States District Court

for the Central District of California

Jacqueline H. Nguyen, District Judge, Presiding

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

Charanjit Singh appeals from the district court’s judgment and challenges the 18-month sentence imposed following his guilty-plea conviction for trafficking in contraband tobacco and aiding and abetting and causing an act to be done, in

*

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). violation of 18 U.S.C. §§ 2, 2342. Pursuant to Anders v. California, 386 U.S. 738 (1967), Singh’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Singh the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Singh waived the right to appeal his 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 appeal 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 12-50043