United States of America v. Arturo Balbueno-Castillo

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NOT FOR PUBLICATION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.
ARTURO BALBUENO-CASTILLO,
Defendant - Appellant.
No. 12-10491
D.C. No. 4:11-cr-02344-JGZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted July 24, 2013**
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Arturo Balbueno-Castillo appeals from the district court’s judgment and
challenges his guilty-plea conviction and 33-month sentence for reentry after
deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386
U.S. 738 (1967), Balbueno-Castillo’s counsel has filed a brief stating that there are
FILED
AUG 02 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10491 2
no grounds for relief, along with a motion to withdraw as counsel of record. We
have provided Balbueno-Castillo the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Balbueno-Castillo 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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