United States v. Brandan Grilho ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 23 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 22-10076
Plaintiff-Appellee, D.C. No. 1:20-cr-00053-DKW-1
v.
MEMORANDUM*
BRANDAN GRILHO,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Hawaii
Derrick K. Watson, District Judge, Presiding
Submitted February 14, 2023**
Before: FERNANDEZ, FRIEDLAND, and H.A. THOMAS, Circuit Judges.
Brandan Grilho appeals from the district court’s judgment and challenges his
guilty-plea convictions and aggregate 300-month sentence for conspiracy to
distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(A)(viii), 846; and possession of a firearm in furtherance of a
*
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).
drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Grilho’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 Grilho the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Grilho 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 22-10076