NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 21 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 22-30064

Plaintiff-Appellee, D.C. No. 9:21-cr-00038-DLC-1 v.

MEMORANDUM* SADIE MARIE TODD,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Montana

Dana L. Christensen, District Judge, Presiding

Submitted March 14, 2023** Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges.

Sadie Marie Todd appeals from the district court’s judgment and challenges her guilty-plea conviction and 48-month sentence for possession with intent to distribute controlled substances, in violation of 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Todd’s counsel has filed a brief stating

*

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

Todd waived her right to appeal her 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 22-30064