United States v. Brandan Grilho

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 23 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 22-10076 Plaintiff-Appellee, D.C. No. 1:20-cr-00053-DKW-1 v. MEMORANDUM* BRANDAN GRILHO, Defendant-Appellant. Appeal from the United States District Court for the District of Hawaii Derrick K. Watson, District Judge, Presiding Submitted February 14, 2023** Before: FERNANDEZ, FRIEDLAND, and H.A. THOMAS, Circuit Judges. Brandan Grilho appeals from the district court’s judgment and challenges his guilty-plea convictions and aggregate 300-month sentence for conspiracy to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(viii), 846; and possession of a firearm in furtherance of a * 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). drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967), Grilho’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 Grilho the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Grilho waived his right to appeal his conviction and 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 22-10076