United States v. Luis Mendez-Leon

FILED NOT FOR PUBLICATION OCT 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10341 Plaintiff - Appellee, D.C. No. 4:11-cr-03823-CKJ v. MEMORANDUM * LUIS CARLOS MENDEZ-LEON, a.k.a. Luis Carlos Leon-Mendez, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted October 15, 2013 ** Before: FISHER, GOULD, and BYBEE, Circuit Judges. Luis Carlos Mendez-Leon appeals from the district court’s judgment and challenges his guilty-plea conviction and 33-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 * 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). U.S. 738 (1967), Mendez-Leon’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 Mendez-Leon the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Mendez-Leon 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. The government’s motion to allow late filing of its Anders letter is GRANTED. DISMISSED. 2 12-10341