Trujillo

MEMORANDUM **

David Trujillo appeals from the 151-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute and dis *165 tribute controlled substances, in violation of 21 U.S.C. § 846 .

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Trujillo’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Trujillo conditionally waived the right to appeal his sentence, with the exception of the district court’s determination of his criminal history category and certain conditions of supervised release. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), indicates that the appeal waiver is operative. Accordingly, we affirm with regard to the portion of Trujillo’s sentence encompassed by the appeal waiver.

With regard to the determination of Trujillo’s criminal history category, our independent review of the…