U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Miguel Anguiano-Jimenez

United States v. Miguel Anguiano-Jimenez
U.S. Court of Appeals for the Ninth Circuit · Decided August 1, 2013 · Alarcón, Clifton, Callahan
535 F. App'x 617

United States v. Miguel Anguiano-Jimenez

Opinion

MEMORANDUM **

Santos Jimenez-Arriaga appeals from the district court’s judgment and challenges his guilty-plea conviction and 48-month sentence for being a removed alien found in the United States, 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), Jimenez-Arriaga’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Jimenez-Arriaga has filed a pro se supplemental brief. No answering brief has been filed.

Jimenez-Arriaga has 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.

Jimenez-Arriaga’s motion for appointment of substitute counsel is denied.

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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