Opinion
No. 13-10420
08-31-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SALVADOR JAMAICA-ARELLANO, a.k.a. Chava, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:11-cr-00075-MCE MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Morrison C. England, Jr., Chief Judge, Presiding
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Salvador Jamaica-Arellano appeals from the district court's judgment and challenges his guilty-plea conviction and 70-month sentence for conspiracy to distribute at least 50 grams of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Jamaica-Arellano'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 Jamaica-Arellano the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Jamaica-Arellano 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.
This disposition does not affect the district court's amended order, effective November 1, 2015, which reduced defendant's sentence from 70 months to 57 months under 18 U.S.C. § 3582(c)(2). --------
Counsel's motion to withdraw is GRANTED.
DISMISSED.