United States v. Camillo Ruiz-Diaz

MEMORANDUM

Camillo Andres Ruiz-Diaz appeals from the district court’s judgment and challenges his guilty-plea conviction and 71-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), Ruiz-Diaz’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 treat Ruiz-Diaz’s application to file a second or successive 28 U.S.C. § 2255 motion, filed in case number 16-72188, as a pro se supplemental brief. The Clerk shall file a copy of that application in this appeal. No answering brief has been filed.

Ruiz-Diaz 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 Ruiz-Diaz’s…