United States v. Jesus Felix-Heras
Opinion
MEMORANDUM **
Jesus Fortunato Felix-Heras appeals from the district court’s judgment and challenges his guilty-plea conviction and sentence of 35 months and 3 weeks for illegal reentry 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), Felix-Heras’s counsel has filed a brief stating that there are no grounds for relief,, along with a motion to withdraw as counsel of record. Felix-Heras has filed a pro se supplemental brief. No answering brief has been filed.
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 grounds for relief as to Felix-Heras’s conviction. We accordingly affirm Felix-Heras’s conviction.
Felix-Heras waived the right to appeal his sentence. Because the record discloses no arguable issue as to the validity of the sentencing waiver, we dismiss Felix-Heras’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
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. Jesus Fortunato FELIX-HERAS, Defendant-Appellant
- Status
- Unpublished