United States of America v. Todd Anthony Ambrose

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TODD ANTHONY AMBROSE,
Defendant - Appellant.
No. 11-50560
D.C. No. 8:10-cr-00135-JVS
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Todd Anthony Ambrose appeals from the district court’s judgment and
challenges the 84-month sentence imposed following his guilty-plea conviction for
possession of methamphetamine with intent to distribute, in violation of 18 U.S.C.
§ 2(a) and 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738
FILED
MAY 17 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-50560 2
(1967), Ambrose’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
Ambrose the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Ambrose waived the right to appeal five specified issues related to his
sentence. Our independent review of the record pursuant to Penson v. Ohio, 488
U.S. 75, 80 (1988), discloses no arguable grounds for relief as to any sentencing
issue outside the scope of the appeal waiver. We therefore affirm as to those
issues. We dismiss the remainder of the appeal in light of the valid appeal waiver.
See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

-- 2 of 2 --