United States v. Jorge Pena-Rodriguez , 591 F. App'x 604 ( 2015 )


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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    NOT FOR PUBLICATION                            JAN 29 2015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Precedential Status: Non-Precedential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