United States v. Jesus Felix-Heras

MEMORANDUM

Jesus Fortunato Felix-Heras appeals from the district court’s judgment and challenges his guilty-plea conviction and sentence of 35 months and 3 weeks for illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Felix-Heras’s counsel has filed a brief stating that there are no grounds for relief,, along with a motion to withdraw as counsel of record. Felix-Heras has filed a pro se supplemental brief. No answering brief has been filed.

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 grounds for relief as to Felix-Heras’s conviction. We accordingly affirm Felix-Heras’s conviction.

Felix-Heras waived the right to appeal his sentence. Because the record discloses no arguable issue as to the validity of the sentencing waiver, we dismiss Felix-Heras’s appeal as to his sentence. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir.2009).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; DISMISSED in part.

This disposition is not appropriate for publication and is…