United States v. Hector Estrada-Ramos

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 18 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 16-10238 Plaintiff-Appellee, D.C. No. 4:15-cr-02087-CKJ v. MEMORANDUM* HECTOR SAUL ESTRADA-RAMOS, a.k.a. Hector Estrada-Ramos, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted April 11, 2017** Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. Hector Saul Estrada-Ramos appeals from the district court’s judgment and challenges his guilty-plea conviction and 37-month sentence for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Estrada-Ramos’s counsel has filed a brief stating * 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). that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Estrada-Ramos the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Estrada-Ramos 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. We remand the case to the district court with instructions to correct the judgment to reflect the correct offense of conviction, attempted reentry of a removed alien. Counsel’s motion to withdraw is GRANTED. DISMISSED; REMANDED to correct the judgment. 2 16-10238