United States v. Carlos Gonzalez-Alvarado

FILED
NOT FOR PUBLICATION APR 22 2013

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. 12-10268

Plaintiff - Appellee, D.C. No. 4:11-cr-00443-RCC

v.
MEMORANDUM *
CARLOS GONZALEZ-ALVARADO,
a.k.a. Jose Alcaraz Alvarado, a.k.a.
Caralos Gonzalez-Alvarado,

Defendant - Appellant.

Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding

Submitted April 16, 2013 **

Before: CANBY, IKUTA, and WATFORD, Circuit Judges.

Carlos Gonzalez-Alvarado appeals from the district court’s judgment and

challenges the 41-month sentence imposed following his guilty-plea conviction for

reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.

*
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).
California, 386 U.S. 738 (1967), Gonzalez-Alvarado’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 Gonzalez-Alvarado the opportunity to file a

pro se supplemental brief. No pro se supplemental brief or answering brief has

been filed.

Gonzalez-Alvarado has waived his right to appeal his 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 12-10268