United States v. Adiel Hernandez-Del Cid

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT AUG 18 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 16-10286 Plaintiff-Appellee, D.C. No. 2:16-cr-00333-SMM-1 v. ADIEL HERNANDEZ-DEL CID, a.k.a. MEMORANDUM* Adiel Hernandez, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, District Judge, Presiding Submitted August 16, 2017** Before: HUG, FARRIS, and CANBY, Circuit Judges. Adiel Hernandez-Del Cid appeals from the district court’s judgment and challenges his guilty-plea conviction and 63-month sentence for re-entry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, * 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). 386 U.S. 738 (1967), Hernandez-Del Cid’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel. We have provided Hernandez-Del Cid the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Hernandez-Del Cid waived his right to appeal his conviction and sentence. Because the record discloses no arguable issue as to the validity of the appeal waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). Counsel’s motion to withdraw is GRANTED. DISMISSED. 2