United States of America v. Wilson Gladney

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILSON GLADNEY,
Defendant - Appellant.
No. 11-50295
D.C. No. 2:10-cr-00944-MMM
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Wilson Gladney appeals from the district court’s judgment and challenges
the 110-month sentence imposed following his guilty-plea conviction for
distribution of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and
(b)(1)(B)(iii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Gladney’s
FILED
FEB 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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 Gladney the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Gladney waived the right to appeal five specified issues related to his
sentence. 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 any sentencing
issues outside the scope of the appeal waiver. We therefore affirm as to those
issues. We dismiss the remainder of the appeal in light of the valid appeal waiver.
See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
11-50295 2

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