United States v. Delgado-Ornelas

MEMORANDUM *** Fernando Delgado-Ornelas appeals from the district court’s judgment and challenges his guilty-plea conviction and 46-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326 . Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Delgado-Ornelas’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Delgado-Ornelas has filed a pro se supplemental brief. No answering brief has been filed. Delgado-Ornelas 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 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (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 grant the government’s motion to dismiss the appeal. See id. at 988 . Counsel’s motion to withdraw is GRANTED. Delgado-Ornelas’s motion for leave to file a request for an extension of time and request for extension of time are denied as moot, as Delgado-Ornelas’s pro se brief *679 was received and filed within the time granted by the court. DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.