Opinion
No. 14-50421
10-19-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FABIAN MONDRAGON-AYALA, a.k.a. Fabian Ayala Mondragon, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 5:14-cr-00013-VAP MEMORANDUM Appeal from the United States District Court for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Fabian Mondragon-Ayala appeals from the district court's judgment and challenges his guilty-plea conviction and 46-month sentence for illegal reentry by an alien following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Mondragon-Ayala'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 Mondragon-Ayala the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Mondragon-Ayala waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also waived the right to appeal his sentence, with the exception of the court's calculation of his criminal history category. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to the voluntariness of Mondragon-Ayala's plea or the criminal history category calculated by the court. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).
Counsel's motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.