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

United States v. Miguel Rivera-Lezama

United States v. Miguel Rivera-Lezama
U.S. Court of Appeals for the Ninth Circuit · Decided September 25, 2015 · Reinhardt, Leavy, Berzon
617 F. App'x 802

United States v. Miguel Rivera-Lezama

Opinion

MEMORANDUM **

Miguel Rivera-Lezama appeals from the district court’s judgment and challenges his guilty-plea conviction and 21-month sentence for 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),

Rivera-Lezama’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 Rivera-Lezama the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Rivera-Lezama waived his right to appeal his conviction and sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 76, 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 publi- . cation and is not precedent except as provided by 9th Cir. R. 36-3.

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