USA V. FRANKLYN HAMMONTREE, No. 16-30291 (9th Cir. 2017)
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FILED NOT FOR PUBLICATION DEC 20 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 16-30291 D.C. No. 1:15-cr-00027-SPW v. MEMORANDUM* FRANKLYN DON HAMMONTREE, Defendant-Appellant. Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Franklyn Don Hammontree appeals from the district court’s judgment and challenges his guilty-plea conviction and 48-month sentence for distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Hammontree’s counsel has filed a brief stating * 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). that there are no grounds for relief, along with a motion to withdraw as counsel of record. Hammontree 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 (1988), discloses no arguable grounds for relief as to Hammontree’s conviction. We accordingly affirm Hammontree’s conviction. Hammontree waived the right to appeal his sentence. Because the record discloses no arguable issue as to the validity of the sentencing waiver, we dismiss Hammontree’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. 2 16-30291
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