Opinion
No. 17-10123
08-20-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANTWAN FORTENBERRY, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:14-cr-00387-JAD MEMORANDUM Appeal from the United States District Court for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Antwan Fortenberry appeals from the district court's judgment and challenges his guilty-plea conviction and 96-month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Fortenberry'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 Fortenberry the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Fortenberry 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.