United States v. Francisco Valdez
Opinion
Opinion
MEMORANDUM
Francisco Fernando Chavez Valdez appeals from his guilty-plea conviction and 46-month sentence for being an illegal alien found in the United States after having been previously removed, in violation of 8 U.S.C. § 1326 (a). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Valdez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Valdez has filed a pro se supplemental brief.
With regard to Valdez’s conviction and criminal history, from which he retained the right to appeal, our independent review of the record discloses no arguable grounds for relief, and we affirm.
Valdez waived his right to appeal his sentence with the exception of the calculation of his criminal history category. 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), indicates that the appeal waiver is operative. Accordingly, we dismiss the appeal in part. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.