USA V. SALVADOR HIGAREDA-SEGURA, No. 15-50517 (9th Cir. 2016)

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FILED NOV 03 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 15-50517 D.C. No. 3:15-cr-00993-AJB v. MEMORANDUM* SALVADOR HIGAREDA-SEGURA, a.k.a. Salvador Higarera-Segura, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Anthony J. Battaglia, District Judge, Presiding Submitted October 25, 2016** Before: LEAVY, SILVERMAN, and GRABER, Circuit Judges. Salvador Higareda-Segura appeals from the district court’s judgment and challenges his guilty-plea conviction and 18-month sentence for attempted reentry of a removed alien, 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 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). California, 386 U.S. 738 (1967), Higareda-Segura’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 Higareda-Segura the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Higareda-Segura 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 15-50517

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