United States v. Crosswell-Cervantes

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 25 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 24-3399 D.C. No. Plaintiff - Appellee, 2:22-cr-01295-SPL-1 v. MEMORANDUM* KEIVIN CROSSWELL-CERVANTES, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Steven P. Logan, District Judge, Presiding Submitted April 22, 2025** Before: GRABER, H.A. THOMAS, and JOHNSTONE, Circuit Judges. Keivin Crosswell-Cervantes appeals from the district court’s judgment and challenges his guilty-plea conviction and 168-month sentence for conspiracy to distribute fentanyl and methamphetamine in violation of 21 U.S.C. § 846. Crosswell-Cervantes’s counsel filed a brief under Anders v. California, 386 * 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). U.S. 738 (1967), stating that there are no non-frivolous arguments for appeal. Crosswell-Cervantes has not filed a pro se supplemental brief. In the plea agreement, Crosswell-Cervantes waived his right to appeal the conviction and sentence. Our independent review of the record, see Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no non-frivolous issue as to whether the appeal waiver is enforceable. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We therefore dismiss the appeal. See id. at 988. Counsel’s motion to withdraw is granted. DISMISSED. 2 24-3399