United States v. Carlos Vazquez-Antunez

U.S. Court of Appeals for the Ninth Circuit

United States v. Carlos Vazquez-Antunez

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 3 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 18-10160

Plaintiff-Appellee, D.C. No. 2:18-cr-00171-SRB v.

MEMORANDUM* CARLOS VAZQUEZ-ANTUNEZ, a.k.a. Carlos Vasquez-Antunez,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Arizona

Susan R. Bolton, District Judge, Presiding

Submitted November 27, 2018** Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.

Carlos Vazquez-Antunez appeals from the district court’s judgment and challenges his guilty-plea conviction and sentence of 12 months and 1 day for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Vazquez-Antunez’s counsel has filed a brief

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Vazquez-Antunez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Vazquez-Antunez 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 (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.

2 18-10160

Reference

Status
Unpublished