FILED
NOT FOR PUBLICATION SEP 30 2014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. 13-10460
Plaintiff - Appellee, D.C. No. 2:12-cr-01388-ROS
v.
MEMORANDUM*
JOSE MANUEL MEDINA-MOLINA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
John A. Jarvey, District Judge, Presiding**
Submitted September 23, 2014***
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Jose Manuel Medina-Molina appeals from the district court’s judgment and
challenges his guilty-plea conviction and 32-month sentence for reentry of a
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable John A. Jarvey, United States District Judge for the
Southern District of Iowa, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
386 U.S. 738 (1967), Medina-Molina’s counsel has filed a brief stating that there
are no grounds for relief, along with a motion to withdraw as counsel of record.
Medina-Molina did not file a pro se brief in this court, but we have reviewed the
pro se brief that he submitted with his notice of appeal. No answering brief has
been filed.
Medina-Molina 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 13-10460