NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 04 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 14-30078
Plaintiff - Appellee, D.C. No. 9:13-cr-00046-DLC-1
v.
MEMORANDUM*
VICTOR ANTHONY SCHWARTZ, a.k.a.
Victor Anthony Lopez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief District Judge, Presiding
Submitted January 29, 2015**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Victor Anthony Schwartz appeals from the district court’s judgment and
challenges his guilty-plea conviction and 120-month sentence for possession with
intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and
*
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).
841(b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967), Schwartz’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 Schwartz 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 Schwartz’s conviction.
We accordingly affirm his conviction.
Schwartz has waived his right to appeal his 120-month sentence. Because
the record discloses no arguable issue as to the validity of the appeal waiver, we
dismiss the 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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