U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Javier Gomez-Perez

United States v. Javier Gomez-Perez
U.S. Court of Appeals for the Ninth Circuit · Decided January 7, 2010 · Goodwin, Wallace, Fisher
361 F. App'x 816

United States v. Javier Gomez-Perez

Opinion

MEMORANDUM **

Javier Gomez-Perez appeals from his guilty-plea conviction and 51-month sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Gomez-Perez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. Gomez-Perez has filed a pro se supplemental brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

The government has filed a motion to dismiss the appeal on the grounds that Gomez-Perez waived his right to appeal. We grant that motion.

Accordingly, counsel’s motion to withdraw is GRANTED, and the appeal is DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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