United States v. Oscar Rosales-Aguilar

FILED NOT FOR PUBLICATION JAN 23 2017 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-10258 Plaintiff-Appellee, D.C. No. 2:14-cr-01483-DLR v. MEMORANDUM* OSCAR ROSALES-AGUILAR, a.k.a. Oscar Rosales-Dario, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding Submitted January 18, 2017** Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges. Oscar Rosales-Aguilar appeals from the district court’s judgment and challenges his guilty-plea conviction and 38-month sentence for reentry of a removed 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 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). 386 U.S. 738 (1967), Rosales-Aguilar’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 Rosales-Aguilar the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Rosales-Aguilar 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 dismiss the appeal. See id. at 988. Counsel’s motion to withdraw is GRANTED. DISMISSED. 2 15-10258