Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the Eastern District of Washington. D.C. No. 2:12-cr-06004-LRS. Lonny R. Suko, District Judge, Presiding.
For UNITED STATES OF AMERICA, Plaintiff - Appellee: Alison L. Gregoire, Assistant U.S. Attorney, USYA - OFFICE OF THE U.S. ATTORNEY, Yakima, WA.
JOSE ISRAEL MANZO-FLORES, Defendant - Appellant, Pro se, Post, TX.
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Israel Manzo-Flores appeals from the district court's judgment and challenges the 46-month sentence imposed following his guilty-plea conviction for being an alien found in the United States after deportation, 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), Manzo-Flores'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 Manzo-Flores the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Manzo-Flores has waived his right to appeal his sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.