United States v. Byron Payes-Chinchilla

MEMORANDUM

Byron Geovany Payes-Chinchilla appeals from the district court’s judgment and challenges his guilty-plea conviction and 46-month sentence for being an illegal alien found in the United States 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), Payes-Chinchilla’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 Payes-Chinchilla the opportunity to file a pro se supplemental brief. No pro se supplemental bi’ief or answering brief has been filed.

Payes-Chinchilla 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 Payes-Chinchilla’s plea or the criminal history category calculated by the court. We therefore…