United States v. Alvaro Montes-Cardenas
Opinion
Opinion
MEMORANDUM
Alvaro Montes-Cardenas appeals from the district court’s judgment and challenges the 64-month sentence imposed following his guilty-plea conviction for conspiracy to distribute marijuana, in violation of 21 U.S.C. §§ 846 and 841(b)(l)(B)(vii). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Montes-Cardenas’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Montes-Cardenas the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Montes-Cardenas waived the right to appeal five specified issues related to his 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 grounds for relief as to any sentencing issues outside the scope of the appeal waiver. We, therefore, affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir.2009).
Counsel’s motion to withdraw is GRANTED.