United States of America v. Shawan Spragans

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SHAWAN SPRAGANS,
Defendant-Appellant.
No. 17-10226
D.C. No. 4:16-cr-00292-YGR
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Yvonne Gonzalez Rogers, District Judge, Presiding
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
Shawan Spragans appeals from the district court’s judgment and challenges
his guilty-plea convictions and 240-month sentence for conspiracy to commit
robbery affecting interstate commerce, attempted robbery and robbery affecting
interstate commerce, in violation of 18 U.S.C. § 1951(a); discharging a firearm
* 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
APR 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-10226
during and in relation to a crime of violence, in violation of 18 U.S.C.
§ 924(c)(1)(A)(iii); and being a felon in possession of a firearm and ammunition,
in violation of 18 U.S.C. § 922(g)(1). Pursuant to Anders v. California, 386 U.S.
738 (1967), Spragans’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 Spragans the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Spragans 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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