NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 21-10172

Plaintiff-Appellee, D.C. No.

4:18-cr-02067-RCC-EJM-5 v. GUSTAVO ALFONSO OROZCO- MEMORANDUM* QUINTERO, AKA Gustavo Orozco- Quintero, AKA Tito,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Arizona

Raner C. Collins, District Judge, Presiding

Submitted February 15, 2022** Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.

Gustavo Alfonso Orozco-Quintero appeals from his guilty-plea conviction and 96-month sentence. See 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(vi), and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Orozco-Quintero’s counsel

*

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). 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 Orozco-Quintero the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Orozco-Quintero 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.

We remand the case to the district court with instructions to amend the judgment to reflect the correct description of the offense of conviction: conspiracy to possess with intent to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(vi), and 846.

Counsel’s motion to withdraw is GRANTED.

DISMISSED; REMANDED to correct the judgment.

2 21-10172