Opinion
No. 16-10140
05-11-2017
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RAFAEL NIEBLAS-CRUZ, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:15-cr-01594-GMS MEMORANDUM Appeal from the United States District Court for the District of Arizona
G. Murray Snow, District Judge, Presiding Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Rafael Nieblas-Cruz appeals from the district court's judgment and challenges his guilty-plea conviction and 27-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Nieblas-Cruz'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 Nieblas-Cruz the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Nieblas-Cruz 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.