FILED
NOT FOR PUBLICATION JAN 30 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10523
Plaintiff - Appellee, D.C. No. 4:11-cr-03150-RCC
v.
MEMORANDUM*
CARLOS NARANJO-YANEZ, a.k.a.
Carlos Yanez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Jack Zouhary, District Judge, Presiding**
Submitted January 21, 2014***
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Carlos Naranjo-Yanez appeals from the district court’s judgment and
challenges his guilty-plea conviction and sentence of 13 months and one day for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Jack Zouhary, United States District Judge for the
Northern District of Ohio, sitting by designation.
***The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Naranjo-Yanez’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 Naranjo-Yanez the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Naranjo-Yanez has waived his right to appeal his conviction. 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). Naranjo-Yanez’s appeal is
moot with respect to his sentence because he has completed his custodial sentence
and is not subject to a term of supervised release. See United States v. Palomba,
182 F.3d 1121, 1123 (9th Cir. 1999). We accordingly dismiss the appeal.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 12-10523