United States of America v. Mario Alberto Cardona- Benitez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARIO ALBERTO CARDONA-
BENITEZ,
Defendant - Appellant.
No. 15-10052
D.C. No. 2:14-cr-01470-JJT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
John J. Tuchi, District Judge, Presiding
Submitted May 24, 2016**
Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.
Mario Alberto Cardona-Benitez appeals from the district court’s judgment
and challenges his guilty-plea conviction and 33-month sentence for reentry of a
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
FILED
MAY 31 2016
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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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386 U.S. 738 (1967), Cardona-Benitez’s counsel 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 Cardona-Benitez the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Cardona-Benitez 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.
15-10052 2

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