Public-domain · open source
OpenJurist

613 F. App'x 672

United States v. Kyle Bertram

U.S. Courts of Appeals

Decided September 1, 2015

This page is marked noindex.

U.S. Courts of Appeals · decided 2015-09-01

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act)

Relies on Anders v. California · Penson v. Ohio · United States v. Watson

Decided 2015-09-01

¶1 MEMORANDUM …

¶2 Kyle Allen Bertram appeals from the district court’s judgment and challenges his guilty-plea conviction and 84-month, sentence for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Bertram’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 Bertram the opportunity to file a pro se supplemental brief. No pro se supplemental brief has been filed. The government has filed a motion for summary affirmance.

¶3 Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief as to Bertram’s conviction. We, therefore, grant the government’s motion for summary affirmance as to Bertram’s conviction.

¶4 Bertram waived the right to appeal his sentence. Because the record discloses no *673 arguable issue as to the validity of the sentencing waiver, we dismiss Bertram’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir.2009).

¶5 Counsel’s motion to withdraw is GRANTED.

¶6 AFFIRMED in part; DISMISSED in part.

…

¶7 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

/613/fappx/672 · .json · Public domain