United States v. Francisco Rosales-Hernandez

MEMORANDUM

Francisco Rosales-Hernandez appeals from the district court’s judgment and challenges his guilty-plea conviction and 70-month sentence for conspiracy to transport and harbor illegal aliens, in violation of 8 U.S.C. § 1324 (a)(1)(A)(ii), (iii) and (v)(l); and conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956 (h). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Rosales-Hernandez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Rosales-Hernandez has filed a pro se supplemental brief. No answering brief has been filed.

Rosales-Hernandez has waived the 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). Rosales-Hernandez’s contention that the government breached the plea agreement is not supported by the record because Rosales-Hernandez received the three-level reduction for acceptance of…