USA V. AARON BUCKLEY, No. 12-50133 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 20 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 12-50133 D.C. No. 2:11-cr-01023-ODW v. MEMORANDUM * AARON EMERSON BUCKLEY, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Otis D. Wright, II, District Judge, Presiding Submitted May 14, 2013 ** Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges. Aaron Emerson Buckley appeals from the district court s judgment and challenges his guilty-plea conviction and 27-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Buckley s counsel * 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). 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 Buckley the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Buckley waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also waived the right to appeal his sentence, with the exception of the court s calculation of his criminal history category. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as to Buckley s plea or his criminal history category. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waivers. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009). Counsel s motion to withdraw is GRANTED. AFFIRMED in part; DISMISSED in part. 2 12-50133

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