United States v. Miguel Cervantes-Cevallos

U.S. Court of Appeals for the Ninth Circuit
United States v. Miguel Cervantes-Cevallos, 668 F. App'x 287 (9th Cir. 2016)

United States v. Miguel Cervantes-Cevallos

Opinion

MEMORANDUM **

Miguel Angel Cervantes-Cevallos appeals from the district court’s judgment and challenges his guilty-plea conviction and 33-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), Cervantes-Cevallos’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 Cervantes-Cevallos the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Cervantes-Cevallos 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 9 th Cir, R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel CERVANTES-CEVALLOS, A.K.A. Miguel Angel Cervantes, A.K.A. Miguel Anguel Cervantes, A.K.A. Miguel Anguel Cervantes Cevallos, A.K.A. Miguel Anguel Cervantes-Cevallos, Defendant-Appellant
Status
Unpublished