United States of America v. Desiderio Duarte-Ramirez

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NOT FOR PUBLICATION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.
DESIDERIO DUARTE-RAMIREZ,
Defendant - Appellant.
No. 12-10443
D.C. No. 2:12-cr-00931-NVW-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted August 14, 2013**
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
Desiderio Duarte-Ramirez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 30-month sentence for reentry of a
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
386 U.S. 738 (1967), Duarte-Ramirez’s counsel has filed a brief stating that there
FILED
AUG 19 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10443 2
are no grounds for relief, along with a motion to withdraw as counsel of record.
We have provided Duarte-Ramirez the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Duarte-Ramirez 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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