United States v. Gabriel Diaz

MEMORANDUM

Gabriel Diaz appeals from the district court’s judgment and challenges his guilty- plea conviction and 240-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(B)(viii); and use or carrying of a firearm during a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). Pursuant to Anders v. California, 38 6 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Diaz’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 Diaz the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Diaz waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also 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 Diaz’s plea or any sentencing issue outside the scope of the appeal waiver. We therefore affirm as…