United States v. Juan Canaca-Raudales ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-10350
Plaintiff-Appellee, D.C. No.
4:19-cr-00220-DCB-LCK-1
v.
JUAN CARLOS CANACA-RAUDALES, MEMORANDUM*
AKA Juan C. Canaca,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted September 8, 2020**
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Juan Carlos Canaca-Raudales appeals from the district court’s judgment and
challenges his guilty-plea conviction and 46-month sentence for illegal reentry, in
violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738(1967), Canaca-Raudales’s counsel has filed a brief stating that there are no
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
grounds for relief, along with a motion to withdraw as counsel of record. We have
provided Canaca-Raudales the opportunity to file a pro se supplemental brief. No
pro se supplemental brief or answering brief has been filed.
Canaca-Raudales 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 19-10350