United States v. Joseph Pugh, Jr.
Opinion
Opinion
MEMORANDUM
Joseph Lee Pugh, Jr. appeals from the district court’s judgment and challenges his guilty-plea conviction and 108-month sentence for conspiracy to distribute methamphetamine hydrochloride, in violation of 21 U.S.C. §§ 846 , 841(a)(1) and 841(b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Pugh’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Pugh has filed a pro se supplemental brief. No answering brief has been filed.
Pugh waived his right to appeal his conviction with the exception of an appeal based on claims that his guilty plea was involuntary, he received ineffective assistance of counsel, or there was prosecutorial misconduct. 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 with respect to these issues. We therefore affirm the conviction as to these issues. We dismiss the remainder of Pugh’s appeal of the conviction based on the appeal waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).