United States v. James Peirsol ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 29 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-30241
Plaintiff-Appellee, D.C. No. 1:16-cr-00195-EJL
v.
MEMORANDUM*
JAMES PEIRSOL,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
James Peirsol appeals from the district court’s judgment and challenges his
guilty-plea conviction and 200-month sentence for distributing methamphetamine,
in violation of 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S.
738 (1967), Peirsol’s counsel has filed a brief stating that there are no grounds for
*
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).
relief, along with a motion to withdraw as counsel of record. We have provided
Peirsol the opportunity to file a pro se supplemental brief. No pro se supplemental
brief or answering brief has been filed.
Peirsol 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 17-30241