FILED
NOT FOR PUBLICATION SEP 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-50403
Plaintiff - Appellee, D.C. No. 2:11-cr-00590-JHN
v.
MEMORANDUM *
OSCAR GUZMAN GARFIAS,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Jacqueline H. Nguyen, District Judge, Presiding
Submitted September 10, 2012 **
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Oscar Guzman Garfias appeals from his guilty-plea conviction and
37-month sentence for being an illegal alien found in the United States following
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), Garfias’s counsel has filed a brief stating there are no grounds for
relief, along with a motion to withdraw as counsel of record. We have provided
Garfias the opportunity to file a pro se supplemental brief. No pro se supplemental
brief or answering brief has been filed.
Garfias 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
Garfias’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. Nguyen, 235 F.3d 1179, 1182 (9th
Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
2 11-50403