United States v. Marcos Covarrubias

MEMORANDUM

Marcos Noe Covarrubias appeals from the district court’s judgment and chal lenges his guilty-plea conviction and 46-month sentence for being an illegal alien found in the United States following 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), Covarrubias’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 Covarrubias the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Covarrubias waived his right to appeal his conviction, with the exception of an appeal based on a claim that his plea was involuntary. He also waived the right to appeal his sentence, with the exception of the court’s calculation of his criminal history category. 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 the voluntariness of Covarrubi-as’s plea or the criminal history category calculated by the court. We therefore affirm as to those…