United States v. Miguel Anguiano-Jimenez

FILED NOT FOR PUBLICATION AUG 01 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10438 Plaintiff - Appellee, D.C. No. 2:11-cr-01897-SRB v. MEMORANDUM * MIGUEL ANGUIANO-JIMENEZ, a.k.a. Miguel Jimenez-Anguiano, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding Submitted July 24, 2013 ** Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges. Miguel Anguiano-Jimenez appeals from the district court’s judgment and challenges his guilty-plea conviction and 46-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, * 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). 386 U.S. 738 (1967), Anguiano-Jimenez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Anguiano-Jimenez has filed a pro se supplemental brief. No answering brief has been filed. Anguiano-Jimenez 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 12-10438