USA V. BEREL STOLWORTHY, No. 16-10376 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUL 17 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 16-10376 D.C. No. 3:15-cr-08267-SRB v. MEMORANDUM* BEREL DAVID STOLWORTHY, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding Submitted July 11, 2017** Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges. Berel David Stolworthy appeals from the district court’s judgment and challenges his guilty-plea conviction and 136-month sentence for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967), Stolworthy’s * 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). 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 Stolworthy the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Stolworthy 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 16-10376

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