United States of America v. JOSE ANTONIO SHUL-CRUZ, AKA Jose Antonio Shul

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSE ANTONIO SHUL-CRUZ, AKA Jose
Antonio Shul,
Defendant-Appellant.
No. 21-10272
D.C. No. 2:21-cr-00391-GMS-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted April 11, 2022**
Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.
Jose Antonio Shul-Cruz appeals from the district court’s judgment and
challenges his guilty-plea conviction and 46-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), Shul-Cruz’s counsel has filed a brief stating that there are no
* 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).
FILED
APR 19 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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