USA V. JUVENAL GUTIERREZ-GARCIA, No. 15-10013 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 04 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 15-10013 D.C. No. 2:14-cr-01004-DJH-1 v. MEMORANDUM* JUVENAL GUTIERREZ-GARCIA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding Submitted September 2, 2015** Before: HUG, FARRIS, and CANBY, Circuit Judges. Juvenal Gutierrez-Garcia appeals from the district court’s judgment and challenges his guilty-plea conviction and 57-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), Gutierrez-Garcia’s * 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). 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 Gutierrez-Garcia the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Gutierrez-Garcia has waived his right to appeal his conviction and 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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