United States v. Jorge Ayala-Cornejo

MEMORANDUM

Jorge Ayala-Cornejo appeals from the district court’s judgment and challenges his guilty-plea conviction and 51-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), Ayala-Cornejo’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Ayala-Cornejo has filed a pro se supplemental brief, and the government has filed an answering brief.

Ayala-Cornejo 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 Ayala-Cornejo’s plea or his criminal history category. We therefore affirm as to those issues. We dismiss the remainder of the appeal in light of the valid appeal waivers. See…