United States of America v. Marcial Guardado-Sivirian

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Mark W. Bennett, United States District Judge for the**
Northern District of Iowa, sitting by designation.
The panel unanimously concludes this case is suitable for decision***
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARCIAL GUARDADO-SIVIRIAN,
Defendant - Appellant.
No. 11-10661
D.C. No. 4:11-cr-02074-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Mark W. Bennett, District Judge, Presiding**
Submitted December 19, 2012***
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Marcial Guardado-Sivirian appeals from the district court’s judgment and
challenges his guilty-plea conviction and 41-month sentence for reentry after
FILED
JAN 02 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10661 2
deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386
U.S. 738 (1967), Guardado-Sivirian’s counsel has filed a brief stating there are no
grounds for relief, along with a motion to withdraw as counsel of record. We have
provided Guardado-Sivirian with the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Guardado-Sivirian has waived his right to appeal his conviction and
sentence. Our independent review of the record pursuant to Penson v. Ohio, 488
U.S. 75, 80 (1988), discloses no arguable issue as to the validity of the waiver. See
United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly
dismiss the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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