U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Eliazar Matus-Bojorquez

United States v. Eliazar Matus-Bojorquez
U.S. Court of Appeals for the Ninth Circuit · Decided July 7, 2011 · Canby, O'Scannlain, Fisher
442 F. App'x 270

United States v. Eliazar Matus-Bojorquez

Opinion

MEMORANDUM **

Eliazar Matus-Bojorquez appeals from his guilty-plea conviction and the 30-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), Matus-Bojorquez’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. No pro se supplemental brief or answering brief has been filed.

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. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).

Counsel’s motion to withdraw is GRANTED.

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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