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NOT FOR PUBLICATION.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)
U.S. Attorney, USSD-Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Jose Alfredo Rea-Bracamontes, San Diego, CA, pro se.
Larry N. Ainbinder, AFPD, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California; Napoleon A. Jones, District Judge, Presiding. D.C. No. CR-05-01023-NAJ.
Before: LEAVY, W. FLETCHER, and RAWLINSON, 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 9th Cir. R. 36-3.
Jose Alfredo Rea-Bracamontes appeals from the 57-month sentence and judgment imposed following his guilty plea conviction for being a deported alien found in the United States, 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), Rea-Bracamontes' counsel has filed a brief stating there are no grounds for relief and that there is a valid appeal waiver, along with a motion to withdraw as counsel of record. Rea-Bracamontes did not file a pro se supplemental brief. The Government did not file an answering brief.
We have reviewed the briefs and conducted an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), and we dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000) (appeal waiver valid when entered into knowingly and voluntarily).
Counsel's motion to withdraw is GRANTED.
DISMISSED.