FILED
NOT FOR PUBLICATION JAN 23 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30056
Plaintiff-Appellee, D.C. No. 1:15-cr-00046-SPW
v.
MEMORANDUM*
CAROL LYNETTE PEARSON,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Carol Lynette Pearson appeals from the district court’s judgment and
challenges her guilty-plea conviction and 87-month sentence for conspiracy to
possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Pearson’s counsel has filed
*
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).
a brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We grant Pearson’s motion to amend her supplemental brief
to include an additional argument. We have considered Pearson’s pro se
supplemental briefs and the government’s answering brief.
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 Pearson’s conviction.
We accordingly affirm Pearson’s conviction.
Pearson waived the right to appeal her sentence. Because the record
discloses no arguable issue as to the validity of the sentencing waiver, we dismiss
Pearson’s appeal as to her sentence. See United States v. Watson, 582 F.3d 974,
986-88 (9th Cir. 2009).
To the extent that Pearson seeks to raise a claim of ineffective assistance of
counsel, we decline to address this issue on direct appeal. See United States v.
Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).
Counsel’s motion to withdraw is GRANTED. Pearson’s pro se motion to
withdraw current counsel and appoint new counsel is DENIED.
AFFIRMED in part; DISMISSED in part.
2 16-30056