UNITED STATES of America, Plaintiff-Appellee, v. Wilsonis AYALA-VILLANUEVA, a.k.a. Juan Carlos Chavez, Defendant-Appellant, 602 F. App'x 399

MEMORANDUM Wilsonis Ayala-Villanueva appeals from the district court’s amended judgment removing one of his supervised release conditions. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Ayala-Villanueva’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Ayala-Villanueva has filed a pro se supplemental opening brief. No answering brief has been filed. 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 on direct appeal. Ayala-Villanueva’s pro se challenges to his conviction and sentence are waived. See United States v. Gianelli, 543 F.3d 1178, 1184 (9th Cir.2008). Any motion respecting the applicability of Amendment 782 to the Guidelines should be brought in the sentencing court in the first instance. See 18 U.S.C. § 3582(c)(2). Counsel’s motion to withdraw is GRANTED. AFFIRMED. This disposition is not appropriate for publication and is not precedent excépt as provided by 9th Cir. R. 36-3.