U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Gelacio Ortiz-Dominguez

United States v. Gelacio Ortiz-Dominguez
U.S. Court of Appeals for the Ninth Circuit · Decided May 18, 2015 · Leavy, Callahan, Smith
603 F. App'x 640

United States v. Gelacio Ortiz-Dominguez

Opinion

MEMORANDUM **

Gelacio Ortiz-Dominguez appeals from the district' court’s judgment and challenges his guilty-plea conviction and 46-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), Ortiz-Dominguez’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 Ortiz-Dominguez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Ortiz-Dominguez 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.