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.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Javier GOMEZ-PEREZ, AKA Francisco Perez Gomez, AKA Antonio Hernandez, AKA Javier Gomez Perez, Defendant-Appellant
- Status
- Unpublished