Opinion
No. 11-10004 D.C. No. 4:09-cr-00125-CKJ-BPV-1
09-14-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FIDEL OSWALDO HERNANDEZ-PALENCIA, AKA Marvin Chavez-Valencia, 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NOT FOR PUBLICATION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 Arizona
Cindy K. Jorgenson, District Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Fidel Oswaldo Hernandez-Palencia appeals his conviction by guilty plea and 60-month sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326, with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Hernandez-Palencia's attorney has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. A pro se supplemental brief has been filed, and the government has filed a motion to dismiss based on Hernandez-Palencia's appellate waiver.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).
Counsel's motion to withdraw is GRANTED.
DISMISSED.