United States of America v. Pedro Montero-Lujano

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NOT FOR PUBLICATION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.
PEDRO MONTERO-LUJANO,
Defendant - Appellant.
No. 11-30253
D.C. No. 3:09-cr-05875-RJB
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Robert J. Bryan, District Judge, Presiding
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Pedro Montero-Lujano appeals from his guilty-plea conviction and 120-
month sentence for conspiracy to distribute methamphetamine, in violation of 21
U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. Pursuant to Anders v. California, 386
FILED
JUL 02 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30253 2
U.S. 738 (1967), Montero-Lujano’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 Montero-Lujano’s
conviction. Montero-Lunano 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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