USA V. LINO RODRIGUEZ-PARTIDA, No. 15-10426 (9th Cir. 2016)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 26 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 15-10426 D.C. No. 2:15-cr-00688-DGC-1 v. LINO RODRIGUEZ-PARTIDA, a.k.a. Antelmo Rodriguez-Partida, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding Submitted August 24, 2016** Before: HUG, FARRIS, and CANBY, Circuit Judges. Lino Rodriguez-Partida appeals from the district court’s judgment and challenges his guilty-plea conviction and 57-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 386 U.S. 738 (1967), Rodriguez-Partida’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed. Rodriguez-Partida has waived his right to appeal both the conviction and the sentence. Because the record discloses no arguable issue as to the validity of the appeal waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). Counsel’s motion to withdraw is GRANTED. DISMISSED. 2

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