FILED
NOT FOR PUBLICATION APR 01 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-30185
Plaintiff - Appellee, D.C. No. 4:14-cr-00096-BMM-15
v.
MEMORANDUM*
JOSHUA ALBERTO RODRIGUEZ, a.k.a.
Pariente,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted March 30, 2016**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Joshua Alberto Rodriguez appeals from the district court’s judgment and
challenges his guilty-plea convictions and his 270-month sentence for conspiracy
to possess with intent to distribute and to distribute methamphetamine, in violation
*
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).
of 21 U.S.C. § 846, and his concurrent 240-month sentences for conspiracy
involving a firearm and a drug trafficking crime, in violation of 18 U.S.C. §
924(o), and conspiracy to commit money laundering, in violation of 18 U.S.C.§
1956(h). Pursuant to Anders v. California, 386 U.S. 738 (1967), Rodriguez’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 Rodriguez 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 Rodriguez’s
conviction. We accordingly affirm his conviction.
Rodriguez has waived his right to appeal his 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 (9th Cir.
2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
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