FILED
NOT FOR PUBLICATION JUL 10 2014
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10038
Plaintiff - Appellee, D.C. No. 2:08-cr-00429-DCB
v.
MEMORANDUM*
ROBERTO CHAVEZ-VALENCIA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Roberto Chavez-Valencia appeals from the district court’s judgment
revoking supervised release and imposing a 4-month sentence. Pursuant to Anders
v. California, 386 U.S. 738 (1967), Chavez-Valencia’s counsel has filed a brief
stating that there are no grounds for relief, along with a motion to withdraw as
*
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).
counsel of record. We have provided Chavez-Valencia the opportunity to file a pro
se supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Chavez-Valencia has waived his right to appeal the revocation of supervised
release and the sentence imposed upon revocation. 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 13-10038