United States v. Kyle Bertram , 613 F. App'x 672 ( 2015 )

FILED
NOT FOR PUBLICATION SEP 01 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-30220
Plaintiff - Appellee, D.C. No. 2:14-cr-00093-JLQ
v.
MEMORANDUM*
KYLE ALLEN BERTRAM,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Justin L. Quackenbush, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Kyle Allen Bertram appeals from the district court’s judgment and
challenges his guilty-plea conviction and 84-month sentence for conspiracy to
possess with intent to distribute methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967),
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Bertram’s 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 Bertram the
opportunity to file a pro se supplemental brief. No pro se supplemental brief has
been filed. The government has filed a motion for summary affirmance.
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 Bertram’s conviction.
We, therefore, grant the government’s motion for summary affirmance as to
Bertram’s conviction.
Bertram waived the right to appeal his sentence. Because the record
discloses no arguable issue as to the validity of the sentencing waiver, we dismiss
Bertram’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 14-30220