NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50459
Plaintiff-Appellee, D.C. No. 2:15-cr-00099-DSF
v.
MEMORANDUM*
DAVID GLENN MANUEL,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
David Glenn Manuel appeals from the district court’s judgment and
challenges his guilty-plea conviction and 96-month sentence for assault on a
federal officer or employee resulting in the infliction of bodily harm, in violation
of 18 U.S.C. § 111(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967),
*
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).
Manuel’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 Manuel the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Manuel waived his right to appeal his conviction, with the exception of an
appeal based on a claim that his plea was involuntary. He also waived the right to
appeal most aspects of his sentence. 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 Manuel’s plea or any aspects of the sentence
that fall outside the scope of the waiver. 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).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 16-50459