FILED
NOT FOR PUBLICATION APR 10 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10372
Plaintiff - Appellee, D.C. No. 4:13-cr-01955-JGZ
v.
MEMORANDUM*
ELIAS GARCIA-ALMONTE, a.k.a. Elias
Almonte Garica,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted April 7, 2015**
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
Elias Garcia-Almonte appeals from the district court’s judgment and
challenges his guilty-plea conviction and 37-month sentence for reentry after
deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386
*
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).
U.S. 738 (1967), Garcia-Almonte’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 Garcia-Almonte the opportunity to file a pro se supplemental brief.
No pro se supplemental brief or answering brief has been filed.
Garcia-Almonte 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 14-10372