United States of America v. Jorge Pena-Rodriguez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JORGE PENA-RODRIGUEZ,
Defendant - Appellant.
No. 14-10155
D.C. No. 2:13-cr-01781-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Linda R. Reade, District Judge, Presiding**
Submitted January 21, 2015***
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Jorge Pena-Rodriguez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 37-month sentence for reentry of a
FILED
JAN 29 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Linda R. Reade, Chief Judge of the United States
District Court 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).

-- 1 of 2 --

removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
386 U.S. 738 (1967), Pena-Rodriguez’s counsel has filed a brief stating that there
are no grounds for relief, along with a motion to withdraw as counsel of record.
Pena-Rodriguez has filed a pro se supplemental brief. No answering brief has been
filed.
Pena-Rodriguez 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.
14-10155 2

-- 2 of 2 --