United States v. Francisco Preciado-Ramirez

FILED NOT FOR PUBLICATION MAY 17 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-30197 Plaintiff - Appellee, D.C. No. 3:11-cr-00408-HZ v. MEMORANDUM * FRANCISCO PRECIADO-RAMIREZ, Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, District Judge, Presiding Submitted May 14, 2013 ** Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges. Francisco Preciado-Ramirez appeals from the district court’s judgment and challenges his guilty-plea conviction and 27-month sentence for illegal reentry of a deported 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 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). 386 U.S. 738 (1967), Preciado-Ramirez’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 Preciado-Ramirez the opportunity to file a pro se supplemental brief. No pro se supplemental brief has been filed. The government has filed a motion to dismiss the appeal. Preciado-Ramirez has 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 grant the government’s motion to dismiss the appeal. Counsel’s motion to withdraw is GRANTED. DISMISSED. 2 12-30197