United States v. Juan Torrecillas-Torres

MEMORANDUM

Juan Francisco Torrecillas-Torres appeals from the district court’s judgment and challenges his guilty-plea conviction and 120-month sentence for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(viii), 846. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Torrecillas-Torres’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Torrecillas-Torres has filed a pro se supplemental brief. No answering brief has been filed.

Torrecillas-Torres has 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 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (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 .

Torrecillas-Torres’s contention that the appeal waiver is unenforceable is unpersuasive. We decline to consider Torrecillas-Torres’s claim of ineffective assistance of trial counsel because the record…