United States v. Mario Cardona-Benitez

U.S. Court of Appeals for the Ninth Circuit
United States v. Mario Cardona-Benitez, 650 F. App'x 937 (9th Cir. 2016)

United States v. Mario Cardona-Benitez

Opinion

*938 MEMORANDUM **

Mario Alberto Cardona-Benitez appeals from the district court’s judgment and challenges his guilty-plea conviction and 38-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), Cardona-Benitez’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 Cardona-Benitez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Cardona-Benitez 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. Mario Alberto CARDONA-BENITEZ, Defendant-Appellant
Status
Unpublished