Opinion
No. 15-10565
11-08-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TORIBIO MORENO-FIERRO, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:15-cr-01023-GMS-1 MEMORANDUM Appeal from the United States District Court for the District of Arizona
G. Murray Snow, District Judge, Presiding Before: HUG, FARRIS, and CANBY, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Toribio Moreno-Fierro appeals from the district court's judgment and challenges his conviction and 33-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Moreno-Fierro'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 Moreno-Fierro the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Moreno-Fierro has waived his right to appeal. Because the record discloses no arguable issue as to the validity of the appeal waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).
Counsel's motion to withdraw is GRANTED.
DISMISSED.