USA V. JESUS LOPEZ-NUNEZ, No. 13-10493 (9th Cir. 2014)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JUN 18 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-10493 D.C. No. 2:13-cr-00540-NVW v. MEMORANDUM* JESUS GUADALUPE LOPEZ-NUNEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona James G. Carr, District Judge, Presiding** Submitted June 12, 2014*** Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges. Jesus Guadalupe Lopez-Nunez appeals from the district court s judgment and challenges the 37-month sentence imposed following his guilty-plea * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable James G. Carr, Senior United States District Judge for the Northern District of Ohio, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Lopez-Nunez 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 Lopez-Nunez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Lopez-Nunez has waived his right to appeal his 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 13-10493

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