United States v. Newton

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 27 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 25-3865 D.C. No. Plaintiff - Appellee, 4:24-cr-00035-BMM-1 v. MEMORANDUM* LEVI ERIC NEWTON, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Brian M. Morris, District Judge, Presiding Submitted January 22, 2026** Before: WARDLAW, CLIFTON, and R. NELSON, Circuit Judges. Levi Eric Newton appeals from the district court’s judgment and challenges his guilty-plea conviction and 124-month sentence for conspiracy to possess with intent to distribute and possession with intent to distribute a controlled substance in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1), 846. * 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).  Newton’s counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), stating that there are no non-frivolous arguments for appeal. Newton has not filed a pro se supplemental brief. In the plea agreement, Newton 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 25-3865