FILED
NOT FOR PUBLICATION DEC 06 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50596
Plaintiff - Appellee, D.C. No. 2:12-cr-00775-JAK
v.
MEMORANDUM*
FRANCISCO LOPEZ, a.k.a. Francisco
Lopez Laguna, a.k.a. Francisco Lopez
Lagunas,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
John A. Kronstadt, District Judge, Presiding
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Francisco Lopez appeals from the district court’s judgment and challenges
his guilty-plea conviction and sentence for being an illegal alien found in the
United States following deportation, in violation of 8 U.S.C. § 1326. Pursuant to
*
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).
Anders v. California, 386 U.S. 738 (1967), Lopez’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 Lopez the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Lopez 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 the
voluntariness of Lopez’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 waivers. 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 12-50596