United States v. Margarito Rosales

U.S. Court of Appeals for the Ninth Circuit
United States v. Margarito Rosales, 594 F. App'x 376 (9th Cir. 2015)

United States v. Margarito Rosales

Opinion

MEMORANDUM **

Margarito Ceniseros Rosales appeals from the district court’s judgment and challenges his guilty-plea conviction and 24-month sentence for reentry of a removed alien, 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), Ceniseros Rosales’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 Ceniseros Rosales the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Ceniseros Rosales' 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.

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. Margarito Ceniseros ROSALES, A.K.A. Margaro Rosales Cenisero, Defendant-Appellant
Status
Unpublished