United States v. Jose Zuniga-Contreras ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 31 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-10339
Plaintiff-Appellee, D.C. No. 3:20-cr-00381-VC-1
v.
MEMORANDUM*
JOSE ZUNIGA-CONTRERAS,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of California
Vince Chhabria, District Judge, Presiding
Submitted May 17, 2022**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Jose Zuniga-Contreras appeals from the district court’s judgment and
challenges his guilty-plea conviction and 48-month sentence for distribution of
fentanyl, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). Pursuant to Anders v.
California, 386 U.S. 738 (1967), Zuniga-Contreras’s counsel has filed a brief
*
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).
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. We have provided Zuniga-Contreras the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Zuniga-Contreras 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 21-10339