Opinion
No. 14-10372
04-10-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ELIAS GARCIA-ALMONTE, a.k.a. Elias Almonte Garica, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 4:13-cr-01955-JGZ MEMORANDUM Appeal from the United States District Court for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Elias Garcia-Almonte appeals from the district court's judgment and challenges his guilty-plea conviction and 37-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia-Almonte'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 Garcia-Almonte the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Garcia-Almonte 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.