United States of America v. Oscar Rosales-Aguilar, a.k.a. Oscar Rosales-Dario

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
OSCAR ROSALES-AGUILAR, a.k.a.
Oscar Rosales-Dario,
Defendant-Appellant.
No. 15-10258
D.C. No. 2:14-cr-01483-DLR
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Douglas L. Rayes, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Oscar Rosales-Aguilar appeals from the district court’s judgment and
challenges his guilty-plea conviction and 38-month sentence for reentry of a
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
FILED
JAN 23 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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), Rosales-Aguilar’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 Rosales-Aguilar the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Rosales-Aguilar 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.
15-10258 2

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