Opinion
No. 13-10033 D.C. No. 2:12-cr-01966-ROS
01-21-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JORGE ROBLES-RETIZ, a.k.a. Jorge Robles, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Ancer L. Haggerty, District Judge, Presiding
The Honorable Ancer L. Haggerty, Senior United States District Judge for the District of Oregon, sitting by designation.
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Jorge Robles-Retiz appeals from the district court's judgment and challenges his guilty-plea conviction and 36-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), Robles-Retiz'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 Robles-Retiz the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Robles-Retiz 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.