United States v. Nguyen

265 F. App'x 677

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 1, 2008
• Docket: No. 07-10076
• Status: Published

Opinion

MEMORANDUM

**

Andy Cuong Nguyen appeals from his conviction and 27-month sentence imposed following a guilty plea to conspiracy to commit alien smuggling, in violation of 18 U.S.C. §§ 371 & 2 and 8 U.S.C. § 1324(a)(2)(B)(ii). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Nguyen’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

We have conducted an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). We affirm the conviction. We dismiss the appeal of the sentence in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).

Counsel’s motion to withdraw is granted.

The conviction is AFFIRMED; the appeal of the sentence is DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.