NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 25 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-10000

Plaintiff-Appellee, D.C. No.

3:17-cr-00066-MMD-WGC-1 v. ANDREW BRIGMAN, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court

for the District of Nevada

Miranda M. Du, District Judge, Presiding

Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.

Andrew Brigman appeals from the district court’s judgment and challenges his guilty-plea conviction and 192-month sentence for using a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Brigman’s counsel has filed

*

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). a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Brigman the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Brigman 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 19-10000