Opinion
No. 12-10162 D.C. No. 2:11-cr-00158-JCM
10-15-2013
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANKLIN ESPINO-ZAMORA, a.k.a. Franklin Ivan Espino-Zamora, 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NOT FOR PUBLICATION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 District of Nevada
James C. Mahan, District Judge, Presiding
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Franklin Espino-Zamora appeals from the district court's judgment and challenges his guilty-plea conviction and 15-month sentence for being an illegal alien in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(5)(A) and 924(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Espino-Zamora'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 Espino-Zamora the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Espino-Zamora has 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.