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FILED NOT FOR PUBLICATION MAY 18 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-10229 Plaintiff - Appellee, D.C. No. 2:13-cr-01700-SRB v. MEMORANDUM* GELACIO ORTIZ-DOMINGUEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding Submitted May 13, 2015** Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges. Gelacio Ortiz-Dominguez appeals from the district court’s judgment and challenges his guilty-plea conviction and 46-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), Ortiz-Dominguez’s counsel has filed a brief stating that there * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Ortiz-Dominguez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Ortiz-Dominguez 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. 2 14-10229
Document Info
Docket Number: 14-10229
Citation Numbers: 603 F. App'x 640
Filed Date: 5/18/2015
Precedential Status: Non-Precedential
Modified Date: 1/13/2023