United States v. Santos Jimenez-Arriaga
- Proceeding
- appeal
- Trial court
- United States District Court for the Southern District of California
- Trial judge
- Roger T. Benitez (district judge)
- Outcome
- dismissed — DISMISSED.
- Area
- criminal
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
FILED NOT FOR PUBLICATION AUG 01 2013
MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50505 Plaintiff - Appellee, D.C. No. 3:12-cr-01282-BEN v. MEMORANDUM * SANTOS JIMENEZ-ARRIAGA, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted July 24, 2013 ** Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Santos Jimenez-Arriaga appeals from the district court’s judgment and challenges his guilty-plea conviction and 48-month sentence for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Jimenez-Arriaga’s counsel has filed a * 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). brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Jimenez-Arriaga has filed a pro se supplemental brief. No answering brief has been filed.
Jimenez-Arriaga 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.
Jimenez-Arriaga’s motion for appointment of substitute counsel is denied.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 12-50505