USA V. NAU RIVERA-ACOSTA, No. 13-10355 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 27 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-10355 D.C. No. 4:12-cr-01536-DCB v. MEMORANDUM* NAU ANTONIO RIVERA-ACOSTA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Nau Antonio Rivera-Acosta appeals from the district court s judgment and challenges his guilty-plea conviction and 57-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rivera-Acosta s counsel has filed a brief stating that there are no * 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). grounds for relief, along with a motion to withdraw as counsel of record. We have provided Rivera-Acosta the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Rivera-Acosta 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 (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 13-10355

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