NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 27 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10224
Plaintiff-Appellee, D.C. No. 1:14-cr-00005-RVM
v.
MEMORANDUM*
YU HUA WANG,
Defendant-Appellant.
Appeal from the United States District Court
for the District of the Northern Mariana Islands
Ramona V. Manglona, Chief Judge, Presiding
Submitted October 23, 2017**
Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.
Yu Hua Wang appeals from the district court’s judgment and challenges the
135-month sentence imposed following his guilty-plea conviction for conspiracy to
distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(A), and 846. Pursuant to Anders v. California, 386 U.S. 738
*
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).
(1967), Wang’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 Wang
the opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Wang waived his right to appeal his sentence, with the exception of claims
based on prosecutorial misconduct, ineffective assistance of counsel, and the
involuntariness of his plea. 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 the voluntariness of Wang’s plea or any prosecutorial misconduct. We therefore
affirm as to those issues. We dismiss the remainder of the appeal in light of the
valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir.
2009). We decline to address on direct appeal any claim of ineffective assistance
of counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 16-10224