NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 16 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-10189

Plaintiff-Appellee, D.C. No. 3:17-cr-08127-JJT-1 v.

MEMORANDUM* SHAUN GUI HALE,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Arizona

John J. Tuchi, District Judge, Presiding

Submitted December 11, 2019** Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.

Shaun Gui Hale appeals from the district court’s judgment and challenges his guilty-plea conviction and 84-month sentence for domestic assault by strangling or suffocation, in violation of 18 U.S.C. §§ 113(a)(8) and 1153. Pursuant to Anders v. California, 386 U.S. 738 (1967), Hale’s counsel has filed a

*

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). brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. The court has considered Hale’s letter dated October 25, 2019, which we treat as a pro se supplemental opening brief. No answering brief had been filed.

Hale 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. Hale’s pro se motion for appointment of counsel is DENIED.

DISMISSED.

2 19-10189