Opinion
21-30051
09-16-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ROBERTO MANUEL ROJAS, Defendant-Appellant.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court No. 1:19-cr-00134-DCN-1 for the District of Idaho David C. Nye, District Judge, Presiding
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Roberto Manuel Rojas appeals from the district court's judgment and challenges his guilty-plea conviction, 262-month sentence, and $1, 000.00 fine for distribution of methamphetamine, in violation of 21 U.S.C § 841(a) and (b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967), Rojas'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 Rojas the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Rojas 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.