NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 6 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-2605 D.C. No. Plaintiff - Appellee, 9:22-cr-00050-DLC-1 v.

MEMORANDUM*

CUAUHTEMOC CERVANTES

SAMANIEGO,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Submitted May 29, 2024**

Before: FRIEDLAND, BENNETT, and SANCHEZ, Circuit Judges.

Cuauhtemoc Cervantes Samaniego appeals from the district court’s

judgment and challenges his guilty-plea conviction and 87-month sentence for

possession with intent to distribute fentanyl, in violation of 21 U.S.C. § 841(a)(1),

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (b)(1)(B). Pursuant to Anders v. California, 386 U.S. 738 (1967), Cervantes

Samaniego’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

Cervantes Samaniego the opportunity to file a pro se supplemental brief. No pro se

supplemental brief or answering brief has been filed.

Cervantes Samaniego 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

(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.

2 23-2605