USA V. CARLOS GONZALEZ-ALVARADO, No. 12-10268 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 22 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-10268 D.C. No. 4:11-cr-00443-RCC v. MEMORANDUM * CARLOS GONZALEZ-ALVARADO, a.k.a. Jose Alcaraz Alvarado, a.k.a. Caralos Gonzalez-Alvarado, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding Submitted April 16, 2013 ** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. Carlos Gonzalez-Alvarado appeals from the district court s judgment and challenges the 41-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. * 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). California, 386 U.S. 738 (1967), Gonzalez-Alvarado 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 Gonzalez-Alvarado the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Gonzalez-Alvarado 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 12-10268

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