United States v. Jorge Robles-Retiz

FILED NOT FOR PUBLICATION JAN 24 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10033 Plaintiff - Appellee, D.C. No. 2:12-cr-01966-ROS v. MEMORANDUM* JORGE ROBLES-RETIZ, a.k.a. Jorge Robles, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Ancer L. Haggerty, District Judge, Presiding** Submitted January 21, 2014*** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Ancer L. Haggerty, Senior United States District Judge for the District of Oregon, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 13-10033 Jorge Robles-Retiz appeals from the district court’s judgment and challenges his guilty-plea conviction and 36-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Robles-Retiz’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 Robles-Retiz the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Robles-Retiz 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 13-10033