United States v. Maria Toledo-Fierros

U.S. Court of Appeals for the Ninth Circuit
United States v. Maria Toledo-Fierros, 509 F. App'x 586 (9th Cir. 2013)

United States v. Maria Toledo-Fierros

Opinion

MEMORANDUM **

Maria Toledo-Fierros appeals from the district court’s judgment and challenges the 70-month sentence imposed following her guilty-plea conviction for conspiracy to aid and assist inadmissible aliens to enter the United States, in violation of 8 U.S.C. § 1327. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Toledo-Fierros’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Toledo-Fierros the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Toledo-Fierros has waived her right to appeal her 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.

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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Maria TOLEDO-FIERROS, A.K.A. Mari, Defendant-Appellant
Status
Unpublished