United States v. Miguel Rivera-Lezama

FILED NOT FOR PUBLICATION SEP 25 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-10550 Plaintiff - Appellee, D.C. No. 4:13-cr-01598-CKJ v. MEMORANDUM* MIGUEL RIVERA-LEZAMA, a.k.a. Alvaro Rivera Melchor, a.k.a. Miguel Alvaro Rivera-Lezama, a.k.a. Miguel Alvaro Rivera-Lizama, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted September 21, 2015** Before: REINHARDT, LEAVY, and BERZON, Circuit Judges. Miguel Rivera-Lezama appeals from the district court’s judgment and challenges his guilty-plea conviction and 21-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 * 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). U.S. 738 (1967), Rivera-Lezama’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Rivera-Lezama the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Rivera-Lezama 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 14-10550