U.S. Court of Appeals for the Ninth Circuit, 2014

United States v. Gaspar Arroyos-Serna

United States v. Gaspar Arroyos-Serna
U.S. Court of Appeals for the Ninth Circuit · Decided June 27, 2014 · Hawkins, Tallman, Nguyen
581 F. App'x 650

United States v. Gaspar Arroyos-Serna

Opinion

*651 MEMORANDUM **

Gaspar Arroyos-Serna appeals from the district court’s judgment and challenges his guilty-plea conviction and 135-month sentence for conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(A)(ii), 846. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Arroyos-Sema’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 Arroyos-Serna the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Arroyos-Serna 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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