United States v. 2020-04-10 | 19-10098 | USA V. BRIAN EDWARDS | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

BRIAN ANTOINE EDWARDS,

Defendant-Appellant.

No. 19-10098

D.C. No. 2:18-cr-01325-DLR-2

MEMORANDUM
*

Appeal from the United States District Court
for the District of Arizona
Douglas L. Rayes, District Judge, Presiding

Submitted April 7, 2020
**

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.

Brian Antoine Edwards appeals from the district court’s judgment and
challenges his guilty-plea conviction, time-served sentence, and 36-month term of
supervised release for transportation of illegal aliens, in violation of 8 U.S.C.
§ 1324(a)(1)(A)(ii) and (a)(1)(B)(ii). Pursuant to Anders v. California, 386 U.S.

*
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 10 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-10098
738 (1967), Edwards’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 Edwards the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Edwards 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.
The record suggests that Edwards is a United States citizen; however, the
judgment includes an alien registration number. On remand, if the district court
determines that Edwards is a United States citizen, the judgment should be
corrected.
Counsel’s motion to withdraw is GRANTED.
DISMISSED; REMANDED with instructions.