Opinion
No. 13-10349 D.C. No. 2:12-cr-00172-MMD
04-07-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GERMAN PACHECO-HERNANDEZ, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Nevada
Miranda Du, District Judge, Presiding
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
German Pacheco-Hernandez appeals from the district court's judgment and challenges his guilty-plea conviction and 70-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Pacheco- Hernandez'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 Pacheco-Hernandez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Pacheco-Hernandez has waived the 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.