United States v. Santos Jimenez-Arriaga

FILED
NOT FOR PUBLICATION AUG 01 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50505
Plaintiff - Appellee, D.C. No. 3:12-cr-01282-BEN
v.
MEMORANDUM *
SANTOS JIMENEZ-ARRIAGA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Santos Jimenez-Arriaga appeals from the district court’s judgment and
challenges his guilty-plea conviction and 48-month sentence for being a removed
alien found in the United States, in violation of 8 U.S.C. § 1326. Pursuant to
Anders v. California, 386 U.S. 738 (1967), Jimenez-Arriaga’s counsel has filed a
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. Jimenez-Arriaga has filed a pro se supplemental brief. No
answering brief has been filed.
Jimenez-Arriaga has 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.
Jimenez-Arriaga’s motion for appointment of substitute counsel is denied.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 12-50505