United States v. Ayala-Martinez

MEMORANDUM ** Jose Alfredo Ayala-Martinez appeals from his conviction and 30-month sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 (a). Pursuant to Anders v. California, 386 U.S. 738 , 87 S. Ct. 1396 , 18 L.Ed.2d 493 (1967), Ayala-Martinez’s counsel has filed a brief stating that she finds no meritorious issues for review, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 82-83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no grounds for relief on direct appeal. Because Ayala-Martinez waived his right to appeal the conviction and the sentence imposed, we enforce the waiver and dismiss the appeal. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000). Accordingly, we GRANT counsel’s motion to withdraw, and we DISMISS the appeal. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.