United States of America v. Jesus Guadalupe Lopez-Nunez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS GUADALUPE LOPEZ-NUNEZ,
Defendant - Appellant.
No. 13-10493
D.C. No. 2:13-cr-00540-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James G. Carr, District Judge, Presiding**
Submitted June 12, 2014***
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Jesus Guadalupe Lopez-Nunez appeals from the district court’s judgment
and challenges the 37-month sentence imposed following his guilty-plea
FILED
JUN 18 2014
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 James G. Carr, Senior United States District Judge for
the Northern District of Ohio, sitting by designation.
*** 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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conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Lopez-Nunez’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 Lopez-Nunez the opportunity to
file a pro se supplemental brief. No pro se supplemental brief or answering brief
has been filed.
Lopez-Nunez has waived his right to appeal his 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.
13-10493 2

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