UNITED STATES v. MORENO (2018)

MEMORANDUM **

Ronnie Moreno appeals from the district court’s judgment and challenges his guilty-plea conviction and 120-month sentence for conspiracy to distribute and to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Moreno’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Moreno has filed a pro se supplemental brief. No answering brief has been filed.

Moreno waived his right to appeal his conviction and sentence, provided the district court imposed a sentence that did not exceed the statutory maximum penalties. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.

To the extent that Moreno seeks to raise a claim of ineffective assistance of trial or appellate 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.

Moreno’s pro se motions for release pending appeal and for substitute counsel are DENIED as moot.

DISMISSED.