FILED
NOT FOR PUBLICATION OCT 03 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-30367
Plaintiff - Appellee, D.C. No. 3:11-cr-05488-RBL
v.
MEMORANDUM *
MICHAEL J. MAKI,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Michael J. Maki appeals from the district court’s judgment and challenges
his guilty-plea conviction and 48-month sentence for conspiracy to distribute
controlled substances, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C) and 846;
and distribution of a controlled substance, in violation of 21 U.S.C. § 841(a)(1),
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
(b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738 (1967), Maki’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 Maki the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80 (1988), discloses no arguable grounds for relief as to Maki’s conviction.
We accordingly affirm Maki’s conviction.
Maki waived the right to appeal his sentence. Because the record discloses
no arguable issue as to the validity of the sentencing waiver, we dismiss Maki’s
appeal as to his sentence. See United States v. Watson, 582 F.3d 974, 986-88 (9th
Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 12-30367