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FILED NOT FOR PUBLICATION JAN 29 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-10155 Plaintiff - Appellee, D.C. No. 2:13-cr-01781-NVW v. MEMORANDUM* JORGE PENA-RODRIGUEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Linda R. Reade, District Judge, Presiding** Submitted January 21, 2015*** Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges. Jorge Pena-Rodriguez appeals from the district court’s judgment and challenges his guilty-plea conviction and 37-month sentence for reentry of a * 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. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 14-10155
Document Info
Docket Number: 14-10155
Citation Numbers: 591 F. App'x 604
Filed Date: 1/29/2015
Precedential Status: Non-Precedential
Modified Date: 1/13/2023