United States of America v. Benjamin Joshu Lowenstein

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BENJAMIN JOSHU LOWENSTEIN,
Defendant - Appellant.
No. 14-10044
D.C. No. 2:12-cr-01419-DGC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Benjamin Joshu Lowenstein appeals from the district court’s judgment and
challenges the 18-month sentence imposed following his guilty-plea conviction for
conspiracy to manufacture and distribute a mixture or substance containing a
controlled substance analogue, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C),
FILED
NOV 23 2015
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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and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Lowenstein’s
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 Lowenstein the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Lowenstein waived his right to appeal his 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.
14-10044 2

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