FILED
NOT FOR PUBLICATION FEB 21 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50032
Plaintiff-Appellee, D.C. No. 2:15-cr-00492-ODW
v.
MEMORANDUM*
JUAN PABLO LOPEZ ORTIZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, II, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Juan Pablo Lopez Ortiz appeals from the district court’s judgment and
challenges his guilty-plea conviction and 46-month sentence for being an illegal
alien found in the United States following deportation, in violation of 8 U.S.C.
*
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).
§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Ortiz’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 Ortiz the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Ortiz waived his right to appeal his conviction, with the exception of an
appeal based on a claim that his plea was involuntary. He also waived the right to
appeal his sentence, with the exception of the court’s calculation of his criminal
history category. Our independent review of the record pursuant to Penson v.
Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to the
voluntariness of Ortiz’s plea or the criminal history category calculated by the
court. We therefore affirm as to those issues. We dismiss the remainder of the
appeal in light of the valid appeal waiver. See United States v. Watson, 582 F.3d
974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 16-50032