United States v. Miguel Anguiano-Jimenez

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NOT FOR PUBLICATION AUG 01 2013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. 12-10438
Plaintiff - Appellee, D.C. No. 2:11-cr-01897-SRB
v.
MEMORANDUM *
MIGUEL ANGUIANO-JIMENEZ, a.k.a.
Miguel Jimenez-Anguiano,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Miguel Anguiano-Jimenez 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,
*
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).
386 U.S. 738 (1967), Anguiano-Jimenez’s counsel has filed a brief stating that
there are no grounds for relief, along with a motion to withdraw as counsel of
record. Anguiano-Jimenez has filed a pro se supplemental brief. No answering
brief has been filed.
Anguiano-Jimenez 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.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 12-10438