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United States v. Rafael Nieblas-Cruz
690 F. App'x 957
| 9th Cir. | 2017
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Docket

*1 Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.

Rafael Nieblas-Cruz appeals from the district court’s judgment and challenges his guilty-plea conviction and 27-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California , 386 U.S. 738 (1967), Nieblas-Cruz’s counsel has filed a brief stating that there are *2 no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Nieblas-Cruz the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Nieblas-Cruz 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 16-10140

[*] 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. Rafael Nieblas-Cruz
Court Name: Court of Appeals for the Ninth Circuit
Date Published: May 11, 2017
Citation: 690 F. App'x 957
Docket Number: 16-10140
Court Abbreviation: 9th Cir.
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