NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 27 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 24-4753 D.C. No. 4:21-cr-06042-MKD-12 Plaintiff - Appellee, v. MEMORANDUM* AMAR F. ABDUL-SALAM, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Mary K. Dimke, District Judge, Presiding Submitted January 22, 2025** Before: CLIFTON, CALLAHAN, and BENNETT, Circuit Judges.

Amar F. Abdul-Salam appeals from the district court’s judgment and challenges his guilty-plea conviction and sentence of 12 months and 1 day for multiple counts of mail fraud, wire fraud, and conspiracy, in violation of 18 U.S.C. §§ 1341, 1343, 1347, and 1349.

* 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).

Abdul-Salam’s counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), stating that there are no non-frivolous arguments for appeal. Abdul- Salam has not filed a pro se supplemental brief.

In the plea agreement, Abdul-Salam waived the right to appeal the conviction. We dismiss the appeal as to the conviction because we find no non- frivolous issues as to whether the appeal waiver is enforceable as to the conviction.

See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).

The waiver does not bar Abdul-Salam’s appeal of his sentence because the district court applied Guidelines adjustments to which Abdul-Salam did not agree.

However, our independent review of the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no non-frivolous arguments to be made on direct appeal with respect to the sentence.

Counsel’s motion to withdraw is granted.

DISMISSED in part; AFFIRMED in part.

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