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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 19 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 20-10164 Plaintiff-Appellee, D.C. No. 2:20-cr-00220-SPL-1 v. MEMORANDUM* TOMAS ESTEBAN LUQUE-BERNAL, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Steven P. Logan, District Judge, Presiding Submitted February 17, 2021** Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges. Tomas Esteban Luque-Bernal appeals from the district court’s judgment and challenges his guilty-plea conviction and 18-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), Luque-Bernal’s counsel has filed a brief stating that there are * 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). no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Luque-Bernal the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Luque-Bernal 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 20-10164
Document Info
Docket Number: 20-10164
Filed Date: 2/19/2021
Precedential Status: Non-Precedential
Modified Date: 2/19/2021