FILED

NOT FOR PUBLICATION JAN 02 2013

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. 11-10527

Plaintiff - Appellee, D.C. No. 4:11-cr-00022-RCC v.

MEMORANDUM * MIGUEL LEYVA-NINO, a.k.a. Miguel Nino Leyva,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Philip G. Reinhard, District Judge, Presiding **

Submitted December 19, 2012 *** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Miguel Leyva-Nino appeals from the district court’s judgment and

*

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

**

The Honorable Philip G. Reinhard, Senior United States District Judge for the Northern District of Illinois, sitting by designation.

***

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). challenges his guilty-plea conviction and 45-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Leyva-Nino’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 Leyva-Nino with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Leyva-Nino 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 (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.

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

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