United States v. Cirilo Orozco-Sanchez

FILED NOT FOR PUBLICATION JUN 13 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10549 Plaintiff - Appellee, D.C. No. 4:10-cr-02302-RCC v. MEMORANDUM * CIRILO OROZCO-SANCHEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding Submitted June 10, 2013 ** Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges. Cirilo Orozco-Sanchez appeals from the district court’s judgment and challenges his guilty-plea conviction and 63-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Orozco-Sanchez’s counsel has filed a brief stating there are no * 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). grounds for relief, along with a motion to withdraw as counsel of record. We have provided Orozco-Sanchez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Orozco-Sanchez 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). Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 11-10549