United States of America v. Aaron Emerson Buckley

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
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NOT FOR PUBLICATION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.
AARON EMERSON BUCKLEY,
Defendant - Appellant.
No. 12-50133
D.C. No. 2:11-cr-01023-ODW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, II, District Judge, Presiding
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Aaron Emerson Buckley appeals from the district court’s judgment and
challenges his guilty-plea conviction and 27-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 (1967), Buckley’s counsel
FILED
MAY 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50133 2
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 Buckley the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Buckley 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 (1988), discloses no arguable grounds for relief as to
Buckley’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 United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

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