United States of America v. Jose Guadalupe Verdin- Aldama, a.k.a. Guadalupe Verdin- Aldama, a.k.a. Jose…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE GUADALUPE VERDIN-
ALDAMA, a.k.a. Guadalupe Verdin-
Aldama, a.k.a. Jose Verdin-Aldama, a.k.a.
Javier Verdin-Lopez,
Defendant - Appellant.
Nos. 15-10028
15-10029
D.C. Nos. 4:14-cr-50050-RM
4:14-cr-00197-RM
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Rosemary Marquez, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
In these consolidated appeals, Jose Guadalupe Verdin-Aldama appeals his
guilty-plea conviction and 18-month sentence for attempted reentry of a removed
FILED
JAN 25 2016
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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alien, in violation of 8 U.S.C. § 1326, and the revocation of supervised release and
18-month sentence imposed thereupon. Pursuant to Anders v. California, 386 U.S.
738 (1967), Verdin-Aldama’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 Verdin-Aldama the opportunity to file a pro se supplemental brief. No
pro se supplemental brief or answering brief has been filed.
Verdin-Aldama waived the right to appeal his conviction. 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 of the
conviction in case number 15-10029. See id. at 988. Because Verdin-Aldama has
fully served both the sentence imposed in case number 15-10029 and the sentence
imposed upon revocation of supervised release, we dismiss the appeal of the
sentence in case number 15-10029 and the appeal in case number 15-10028 as
moot. See Spencer v. Kemna, 523 U.S. 1, 12-14 (1998); United States v. Palomba,
182 F.3d 1121, 1123 (9th Cir. 1999).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
15-10028 & 15-10029 2

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