Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the District of Arizona, Paul G. Rosenblatt, District Judge, Presiding. D.C. No. CR-02-00576-PGR.
Lisa Jennis Settel, Esq., USPX--Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.
Francisco Javier Leon-Zavala, Reg. # 48353-008, pro se, Terminal Island, CA, and Nancy L. Hinchcliffe, Esq., Phoenix, AZ, for Defendant-Appellant.
Before: WARDLAW, BERZON and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Francisco Javier Leon-Zavala appeals his guilty-plea conviction and 30-month
Page 267.
sentence for being an illegal alien found in the United States after having been deported subsequent to a prior aggravated felony conviction, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Leon-Zavala's counsel has filed a brief stating that she finds no meritorious issues for review, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.
Our examination of the brief and our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), disclose no arguable issues for review on direct appeal.
Accordingly, counsel's motion to withdraw is GRANTED and, in light of the valid appeal waiver in the plea agreement, the appeal is DISMISSED.