NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 13 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-30036 Plaintiff-Appellee, D.C. No. 2:13-cr-00082-LRS v. MEMORANDUM* EDWARD MCINTOSH, Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Lonny R. Suko, District Judge, Presiding Submitted April 11, 2018** Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

Edward McIntosh appeals from the district court’s judgment and challenges his guilty-plea conviction and 120-month sentence for possession with intent to distribute five grams or more of actual methamphetamine, in violation of 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), McIntosh’s

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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 McIntosh the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

McIntosh waived his right to appeal his conviction and sentence, with the exception of the court’s guideline calculations or an illegal sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to the guideline calculations or legality of the sentence. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).

Counsel’s motion to withdraw is GRANTED. The government’s motion for summary affirmance is DENIED as moot.

AFFIRMED in part; DISMISSED in part.

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