Opinion
No. 14-10155
01-29-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JORGE PENA-RODRIGUEZ, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:13-cr-01781-NVW MEMORANDUM Appeal from the United States District Court for the District of Arizona
Linda R. Reade, District Judge, Presiding
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The Honorable Linda R. Reade, Chief Judge of the United States District Court for the Northern District of Iowa, sitting by designation.
Jorge Pena-Rodriguez appeals from the district court's judgment and challenges his guilty-plea conviction and 37-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Pena-Rodriguez's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Pena-Rodriguez has filed a pro se supplemental brief. No answering brief has been filed.
Pena-Rodriguez has waived his right to appeal his conviction and sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (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.