United States v. Jose Contreras

FILED NOT FOR PUBLICATION SEP 19 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-10097 Plaintiff-Appellee, D.C. No. 3:15-cr-08265-SPL v. MEMORANDUM* JOSE GABRIEL ROMERO CONTRERAS, a.k.a. Jose Romero- Contreas, a.k.a. Jose Gabriel Romero- Contreras, a.k.a. Martin Carlos Villa, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Steven Paul Logan, District Judge, Presiding Submitted September 13, 2016** Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges. Jose Gabriel Romero Contreras appeals from the district court’s judgment and challenges his guilty-plea conviction and 24-month sentence for reentry of a * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** 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), Romero Contreras’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 Romero Contreras the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Romero Contreras 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 16-10097