United States v. Arnoldo Morfin-Arias , 550 F. App'x 396 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 18 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10593
Plaintiff - Appellee, D.C. No. 5:11-cr-00419-LHK
v.
MEMORANDUM*
ARNOLDO MORFIN-ARIAS,
Defendant - Appellant.
Appeal from the United States District Court
for the Northern District of California
Lucy H. Koh, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Arnoldo Morfin-Arias appeals from the district court’s judgment and
challenges his guilty-plea conviction and 24-month sentence for illegal reentry
following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Morfin-Arias’s counsel has filed a brief stating
*
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).
that there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Morfin-Arias the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Morfin-Arias 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 12-10593