NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-50183
Plaintiff-Appellee, D.C. No. 3:16-cr-00875-JAH
v.
MEMORANDUM*
VICTOR CERVANTES, a.k.a. Tripps,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted November 15, 2017**
Before: CANBY, TROTT, and GRABER, Circuit Judges.
Victor Cervantes appeals from the district court’s judgment and challenges
the 120-month sentence imposed following his guilty-plea conviction for
conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1)
and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Cervantes’s
*
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).
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 Cervantes the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Cervantes waived his right to appeal his sentence. Our independent review
of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no
arguable issue as to the validity of the waiver. See United States v. Watson, 582
F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss the appeal. See id. at
988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 17-50183