United States v. Oscar Nunez-Deniz

FILED NOT FOR PUBLICATION OCT 20 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-10451 Plaintiff-Appellee, D.C. No. 2:15-cr-00626-DOC-1 v. OSCAR JAIME NUNEZ-DENIZ, a.k.a. MEMORANDUM* Oscar Nunez, a.k.a. Oscar Jaime Nunez, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding Submitted October 18, 2016** Before: HUG, FARRIS, and CANBY, Circuit Judges. Oscar Jaime Nunez-Deniz appeals from the district court's judgment and challenges his 63-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 * 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). v. California, 386 U.S. 738 (1967), Nunez-Deniz’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 Nunez-Deniz the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Nunez-Deniz has waived his right to appeal his 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