536 F. App'x 693

UNITED STATES of America, Plaintiff-Appellee, v. Jose Carlos HERNANDEZ-FLORES, Defendant-Appellant.

No. 12-10351.

United States Court of Appeals, Ninth Circuit.

Submitted July 24, 2013.*

Filed Aug. 2, 2013.

Christina Marie Cabanillas, USTU-Of-fice of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Kathleen Genevieve Williamson, Esquire, Tucson, AZ, for Defendant-Appellant.

Jose Carlos Hernandez-Flores, pro se.

Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.

MEMORANDUM **

Jose Carlos Hernandez-Flores appeals from the district court’s judgment and challenges his guilty-plea conviction and 54-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), Hernandez-Flores’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Hernandez-Flores has filed a pro se supplemental brief. No answering brief has been filed.

Hernandez-Flores 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.

United States v. Hernandez-Flores
536 F. App'x 693

Case Details

Name
United States v. Hernandez-Flores
Decision Date
Aug 2, 2013
Citations

536 F. App'x 693

Jurisdiction
United States

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