Opinion
No. 19-10062
09-24-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ELIAS BERMUDEZ, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:17-cr-01301-DJH-1 MEMORANDUM Appeal from the United States District Court for the District of Arizona
Diane J. Humetewa, District Judge, Presiding Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Elias Bermudez appeals from the district court's judgment and challenges his guilty-plea conviction and 18-month sentence for willfully aiding and assisting in the preparation and presentation of false and fraudulent income tax returns, in violation of 26 U.S.C. § 7206(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Bermudez'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 Bermudez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Bermudez 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.