FILED

NOT FOR PUBLICATION FEB 22 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-30155

Plaintiff - Appellee, D.C. No. 1:09-cr-00206-EJL-1 v.

MEMORANDUM * HECTOR MENDOZA-VALDEZ,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Idaho

Edward J. Lodge, District Judge, Presiding

Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Hector Mendoza-Valdez appeals his conviction by guilty plea and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Mendoza-Valdez’s counsel has filed a

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). brief stating that 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 has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (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.

2 11-30155