United States v. Leyva-Nino

MEMORANDUM *** Miguel Leyva-Nino appeals from the district court’s judgment and challenges his guilty-plea conviction and 45-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), Leyva-Nino’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Leyva-Nino with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Leyva-Nino 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 dismiss the appeal. See id. at 988 . Counsel’s motion to withdraw is GRANTED. DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.