United States of America v. Andrew Joseph Shields

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANDREW JOSEPH SHIELDS,
Defendant - Appellant.
No. 23-1660
D.C. No. 9:22-cr-00056-DWM-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted January 17, 2024**
Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges.
Andrew Joseph Shields appeals from the district court’s judgment and
challenges his guilty-plea conviction and 135-month sentence for possession with
intent to distribute controlled substances, in violation of 21 U.S.C. § 841(a)(1).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Shields’s counsel has filed
* 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).
FILED
JAN 24 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 23-1660
a brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Shields the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Shields 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 of 2 --