United States v. Rafael Rios-Barraza

MEMORANDUM

Rafael Rios-Barraza appeals from the district court’s judgment and challenges his guilty-plea conviction and 78-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Rios-Barraza’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 Rios-Barraza the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Rios-Barraza 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 .

Counsel’s motion . to withdraw is GRANTED.

DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.