United States of America v. David Salgado

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DAVID SALGADO,
Defendant-Appellant.
No. 16-10341
D.C. No. 2:14-cr-00221-GMN
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, Chief Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
David Salgado appeals from the district court’s judgment and challenges his
guilty-plea conviction and 120-month sentence for conspiracy to distribute
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(viii), and 846.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Salgado’s counsel has filed
FILED
APR 19 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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a brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Salgado the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Salgado 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.
16-10341 2

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