United States of America v. Angelina Ruth Bustamonte

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANGELINA RUTH BUSTAMONTE,
Defendant-Appellant.
No. 22-30077
D.C. No. 1:19-cr-00172-DCN-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
David C. Nye, District Judge, Presiding
Submitted December 8, 2022**
Before: WALLACE, TALLMAN, and BYBEE, Circuit Judges.
Angelina Ruth Bustamonte appeals from the district court’s judgment and
challenges her guilty-plea conviction and 125-month sentence for possession with
intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Bustamonte’s counsel has
* 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
DEC 16 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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filed a brief stating that there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided Bustamonte the opportunity to
file a pro se supplemental brief. No pro se supplemental brief or answering brief
has been filed.
Bustamonte waived her right to appeal her 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.

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