United States v. Prado-Flores

MEMORANDUM ** Jose Prado-Flores appeals from the district court’s judgment and challenges his guilty-plea conviction and 50-month sentence for conspiracy to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A), and 846. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Prado-Flores’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Prado-Flores has filed a pro se supplemental brief. No answering brief has been filed. 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 grounds for relief as to Prado-Flores’s conviction. We accordingly affirm Prado-Flores’s conviction. Prado-Flores waived the right to appeal his sentence. Because the record discloses no arguable issue as to the validity of the sentencing waiver, we dismiss Prado-Flores’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir.2009). Counsel’s motion to withdraw is GRANTED. AFFIRMED in part; DISMISSED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.