United States v. Ismael Perales , 518 F. App'x 571 ( 2013 )

FILED
NOT FOR PUBLICATION MAY 17 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50099
Plaintiff - Appellee, D.C. No. 2:11-cr-00918-DDP
v.
MEMORANDUM *
ISMAEL HERNANDEZ PERALES, a.k.a.
Ismael Hernandez Morales,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted May 14, 2013 **
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Ismael Hernandez Perales appeals from the district court’s judgment and
challenges his guilty-plea conviction and 46-month sentence for being an illegal
alien found in the United States following deportation, in violation of 8 U.S.C.
*
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).
§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Hernandez
Perales’s counsel has filed a brief stating that there are no grounds for relief, along
with a motion to withdraw as counsel of record. We have provided Hernandez
Perales the opportunity to file a pro se supplemental brief. No pro se supplemental
brief or answering brief has been filed.
Hernandez Perales waived his right to appeal his conviction, with the
exception of an appeal based on a claim that his plea was involuntary. He also
waived the right to appeal his sentence, with the exception of the court’s
calculation of his criminal history category. Our independent review of the record
pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds
for relief as to Hernandez Perales’s plea or the criminal history category calculated
by the court. We therefore affirm as to those issues. We dismiss the remainder of
the appeal in light of the valid appeal waiver. See United States v. Watson, 582
F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 12-50099