United States of America v. Jose Alberto Hernandez Riveros, a.k.a. Jose Hernandez, a.k.a. Jose Alberto Hernandez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE ALBERTO HERNANDEZ
RIVEROS, a.k.a. Jose Hernandez, a.k.a.
Jose Alberto Hernandez,
Defendant - Appellant.
No. 14-50106
D.C. No. 2:13-cr-00326-ABC
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, District Judge, Presiding
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Jose Alberto Hernandez Riveros appeals from the district court’s judgment
and challenges his guilty-plea conviction and 41-month sentence for being an
illegal alien found in the United States following deportation, in violation of 8
FILED
DEC 1 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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Hernandez
Riveros’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 Hernandez
Riveros the opportunity to file a pro se supplemental brief. No pro se supplemental
brief or answering brief has been filed.
Hernandez Riveros waived his right to appeal his conviction, with the
exception of an appeal based on a claim that his plea was involuntary. He also
waived the right to appeal his sentence, with the exception of the court’s
calculation of his criminal history category. Our independent review of the record
pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds
for relief as to Hernandez Riveros’s plea or the criminal history category calculated
by the court. We therefore affirm as to those issues. We dismiss the remainder of
the appeal in light of the valid appeal waivers. See United States v. Watson, 582
F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
14-50106 2

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