United States of America v. Hector Saul Estrada-Ramos, a.k.a. Hector Estrada-Ramos

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
HECTOR SAUL ESTRADA-RAMOS,
a.k.a. Hector Estrada-Ramos,
Defendant-Appellant.
No. 16-10238
D.C. No. 4:15-cr-02087-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Hector Saul Estrada-Ramos appeals from the district court’s judgment and
challenges his guilty-plea conviction and 37-month sentence for attempted reentry
of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Estrada-Ramos’s counsel has filed a brief stating
* 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 18 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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that there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Estrada-Ramos the opportunity to file a pro se
supplemental brief. No pro se supplemental brief or answering brief has been
filed.
Estrada-Ramos 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.
We remand the case to the district court with instructions to correct the
judgment to reflect the correct offense of conviction, attempted reentry of a
removed alien.
Counsel’s motion to withdraw is GRANTED.
DISMISSED; REMANDED to correct the judgment.

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