United States v. Wahid Shabazz

MEMORANDUM

Wahid Shabazz appeals from the district court’s judgment and challenges his guilty-plea conviction and 60-month sentence for distribution of cocaine base in the form of crack cocaine, in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(iii). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Sha-bazz’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Shabazz has filed a pro se supplemental brief, and the government has moved to dismiss.

Shabazz waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. 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 grounds for relief as to the voluntariness of Shabazz’s plea or as to the validity of the waiver; therefore, we affirm as to the voluntariness issue and otherwise dismiss Shabazz’s challenge to his conviction, see United States v. Watson, 582 F.3d 974, 986-88 (9th Cir.2009).

Shabazz also waived the right to appeal his sentence if the sentence imposed…