FILED
NOT FOR PUBLICATION SEP 04 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-30167
Plaintiff - Appellee, D.C. No. 4:12-cr-00031-DLC-1
v.
MEMORANDUM*
DAVID WAYNE LAWRENCE,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief District Judge, Presiding
Submitted July 24, 2014**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
David Wayne Lawrence appeals from the district court’s judgment and
challenges his guilty-plea conviction and 65-month sentence for possession with
intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Lawrence’s counsel has
*
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).
filed a brief stating that there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided Lawrence 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 Lawrence’s
conviction. We accordingly affirm the conviction.
Lawrence waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the appeal waiver, we dismiss
Lawrence’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.
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