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NOT FOR PUBLICATION.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)
Appeal from the United States District Court for the District of Arizona, Cindy K. Jorgenson, District Judge, Presiding.
Lauren Ann Anaya, USTU-Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.
Jesus Rodolfo Villa-Becuar, pro se, Phoenix, AZ, Randolfo V. Lopez, Law Office of Randolfo V. Lopez, Esq., Tucson, AZ, for Defendant-Appellant.
Before GOODWIN, WALLACE, and TROTT, 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 Ninth Circuit Rule 36-3.
Jesus Rodolfo Villa-Becuar appeals the district court's judgment, pursuant to a guilty-plea, sentencing him to 44-months imprisonment for illegal reentry after deportation 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), counsel for Villa-Becuar has filed a brief stating that he finds no grounds for relief, along with a motion to withdraw as counsel
Page 945.
of record. Villa-Becuar has filed a pro se supplemental brief and the government has filed a motion to dismiss, based on an appeal waiver provision in Villa-Becuar's plea agreement.
Our examination of the brief and our 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), disclose no grounds for relief on direct appeal.
Accordingly, counsel's motion to withdraw is GRANTED and, in light of the valid appeal waiver, the appeal is DISMISSED. All pending motions are DENIED.