United States v. Jovanni Aguirre-Rivas

MEMORANDUM

In these consolidated appeals, Jovanni Aguirre-Rivas appeals from the district court’s judgment and challenges his guilty-plea conviction and 24-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326 , and his revocation of supervised release and 4-month consecutive sentence imposed thereupon. Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Aguirre-Rivas’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 Aguirre-Rivas the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Aguirre-Rivas 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 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (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 in case number 13-10417. See id. at 988 . Because Aguirre-Rivas has fully served the sentence imposed upon revocation of…