FILED
NOT FOR PUBLICATION OCT 03 2013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. 12-50383
Plaintiff - Appellee, D.C. No. 2:12-cr-00276-DDP
v.
MEMORANDUM *
EFRIN SALCEDO-GARCIA, a.k.a. Efrin
Salcedo Garcia, a.k.a. Efren Sacedo, a.k.a.
Efren Salcedo,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dean D. Pregerson, District Judge, Presiding
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Efrin Salcedo-Garcia 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), Salcedo-Garcia’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 Salcedo-Garcia the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
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 Salcedo-Garcia’s
conviction. We therefore affirm his conviction.
Salcedo-Garcia waived the right to appeal his sentence, with the exception of
the court’s calculation of his criminal history category. Because the record
discloses no arguable grounds for relief as to Salcedo-Garcia’s criminal history
category, we affirm as to that issue. We dismiss the remainder of the sentencing
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 12-50383