United States of America v. Victor James Webster

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VICTOR JAMES WEBSTER,
Defendant - Appellant.
No. 11-30191
D.C. No. 4:10-cr-00108-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Victor James Webster appeals from his guilty-plea conviction and 320-
month sentence for possession with intent to distribute methamphetamine, in
violation of 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738
FILED
JUL 02 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30191 2
(1967), Webster’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.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief as to Webster’s
conviction. Webster waived his right to appeal his sentence. We accordingly
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, and the appeal of the sentence is
DISMISSED.

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