From Casetext: Smarter Legal Research

United States v. Lopez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 19, 2013
No. 12-50596 (9th Cir. Nov. 19, 2013)

Opinion

No. 12-50596 D.C. No. 2:12-cr-00775-JAK

11-19-2013

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCISCO LOPEZ, a.k.a. Francisco Lopez Laguna, a.k.a. Francisco Lopez Lagunas, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

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


Appeal from the United States District Court

for the Central District of California

John A. Kronstadt, District Judge, Presiding

Before: CANBY, TROTT, and THOMAS, Circuit Judges.

Francisco Lopez appeals from the district court's judgment and challenges his guilty-plea conviction and sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Lopez'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 Lopez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Lopez waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also waived the right to appeal his sentence, with the exception of the court's calculation of his criminal history category. 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 the voluntariness of Lopez's plea or the criminal history category calculated by the court. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waivers. 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.


Summaries of

United States v. Lopez

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 19, 2013
No. 12-50596 (9th Cir. Nov. 19, 2013)
Case details for

United States v. Lopez

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCISCO LOPEZ, a.k.a…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Nov 19, 2013

Citations

No. 12-50596 (9th Cir. Nov. 19, 2013)