USA V. ANDRES FARIAS-CARDENAS, No. 11-10468 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 16 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10468 D.C. No. 4:10-cr-02158-RCC v. MEMORANDUM* ANDRES FARIAS-CARDENAS, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Gordon J. Quist, District Judge, Presiding** Submitted January 15, 2013*** Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges. Andres Farias-Cardenas appeals from the district court s judgment and challenges his guilty-plea conviction and 46-month sentence for attempted reentry * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Gordon J. Quist, Senior United States District Judge for the Western District of Michigan, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Farias-Cardenas 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 Farias-Cardenas the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Farias-Cardenas 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 11-10468

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