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United States v. Oscar Rosales-Aguilar
674 F. App'x 734
| 9th Cir. | 2017
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Docket

*1 Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.

Oscar Rosales-Aguilar appeals from the district court’s judgment and challenges his guilty-plea conviction and 38-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California , *2 386 U.S. 738 (1967), Rosales-Aguilar’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 Rosales-Aguilar the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Rosales-Aguilar 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 15-10258

[*] 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).

Case Details

Case Name: United States v. Oscar Rosales-Aguilar
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jan 23, 2017
Citation: 674 F. App'x 734
Docket Number: 15-10258
Court Abbreviation: 9th Cir.
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