NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 31 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 21-10339

Plaintiff-Appellee, D.C. No. 3:20-cr-00381-VC-1 v.

MEMORANDUM* JOSE ZUNIGA-CONTRERAS,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of California

Vince Chhabria, District Judge, Presiding

Submitted May 17, 2022** Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.

Jose Zuniga-Contreras appeals from the district court’s judgment and challenges his guilty-plea conviction and 48-month sentence for distribution of fentanyl, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738 (1967), Zuniga-Contreras’s counsel has filed a brief

*

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

Zuniga-Contreras 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 21-10339