NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 19 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 21-10272

Plaintiff-Appellee, D.C. No. 2:21-cr-00391-GMS-1 v.

MEMORANDUM* JOSE ANTONIO SHUL-CRUZ, AKA Jose Antonio Shul,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Arizona

G. Murray Snow, District Judge, Presiding

Submitted April 11, 2022** Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.

Jose Antonio Shul-Cruz 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 (1967), Shul-Cruz’s counsel has filed a brief stating that there are no

*

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). grounds for relief, along with a motion to withdraw as counsel of record. We have provided Shul-Cruz the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Shul-Cruz 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 21-10272