United States v. Efrain Cisneros-Valdez
Opinion
Opinion
MEMORANDUM
Efrain Cisneros-Valdez appeals from his guilty-plea conviction and 60-month sentence for re-entry of a removed alien, 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), Cisneros-Valdez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. We construe the pro se letter received on June 4, 2010, as 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, 80-81 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.
We decline to rule on Cisneros-Valdez’s claim of ineffective assistance of counsel on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th Cir.2003).
We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).
Cisneros-Valdez’s request for appointment of new counsel is DENIED.
Counsel’s motion to withdraw is GRANTED.