United States of America v. Andrew Brigman

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ANDREW BRIGMAN,
Defendant-Appellant.
No. 19-10000
D.C. No.
3:17-cr-00066-MMD-WGC-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted September 18, 2019**
Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.
Andrew Brigman appeals from the district court’s judgment and challenges
his guilty-plea conviction and 192-month sentence for using a firearm during and
in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Brigman’s counsel has filed
* 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
SEP 25 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-10000
a brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Brigman the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Brigman 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.

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