United States v. Carlos Briseno
Opinion
Opinion
MEMORANDUM
Carlos Sergio Briseno appeals the 188-month sentence imposed following his guilty plea conviction for conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 846 , 841(a)(1), (b)(l)(B)(I). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Brise-no’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 Briseno the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Briseno'waived his right to appeal his sentence, although he retained the right to appeal some conditions of supervised release. 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 regarding the terms and conditions of supervised release. We therefore affirm as to that issue. We dismiss the remainder of the appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.