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United States v. Victor Cervantes
702 F. App'x 640
| 9th Cir. | 2017
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Docket

*1 Before: CANBY, TROTT, and GRABER, Circuit Judges.

Victor Cervantes appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Pursuant to Anders v. California , 386 U.S. 738 (1967), Cervantes’s *2 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 Cervantes the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Cervantes waived his right to appeal his 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.

2 17-50183

[*] 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).

Case Details

Case Name: United States v. Victor Cervantes
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 17, 2017
Citation: 702 F. App'x 640
Docket Number: 17-50183
Court Abbreviation: 9th Cir.
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