Opinion
21-10339
05-31-2022
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOSE ZUNIGA-CONTRERAS, Defendant-Appellant.
NOT FOR PUBLICATION
Submitted May 17, 2022 [**]
Appeal from the United States District Court for the Northern District of California, No. 3:20-cr-00381-VC-1 Vince Chhabria, District Judge, Presiding
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
MEMORANDUM [*]
Jose Zuniga-Contreras appeals from the district court's judgment and challenges his guilty-plea conviction and 48-month sentence for distribution of fentanyl, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738 (1967), Zuniga-Contreras'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 Zuniga-Contreras the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Zuniga-Contreras 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.
[*] 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).