Pena-Deniz

MEMORANDUM **

Flumencio Pena-Deniz appeals from his guilty-plea conviction and the 84-month sentence imposed 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), Pena-Deniz’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Pena-Deniz has filed a pro se supplemental brief. The government has filed a motion to dismiss for lack of jurisdiction to which Pena-Deniz has filed an opposition.

Pena-Deniz conditionally waived the right to appeal his sentence, with the exception of the district court’s determination of his criminal history category and certain conditions of supervised release. Our examination of the briefs and our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), indicate that the appeal waiver is operative. Accordingly, we grant in part the government’s motion to dismiss. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).

With regard to Pena-Deniz’s conviction, 1 the…