United States v. Miller

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 26 2025 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 24-7575 D.C. No.

Plaintiff - Appellee, 1:21-cr-00011-TMB-MMS-1 v.

MEMORANDUM*

NANCY MARIE MILLER,

Defendant - Appellant.

Appeal from the United States District Court for the District of Alaska Timothy M. Burgess, District Judge, Presiding

Submitted June 18, 2025** Before: CANBY, S.R. THOMAS, and SUNG, Circuit Judges.

Nancy Marie Miller appeals from the district court’s judgment and challenges her guilty-plea conviction and 60-month sentence for attempted possession with intent to distribute controlled substances, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 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).

Miller’s counsel filed a brief under Anders v. California, 386 U.S. 738 (1967), stating that there are no non-frivolous arguments for appeal. Miller has not filed a pro se supplemental brief.

In the plea agreement, Miller waived her 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 24-7575