United States of America v. Eliseo Cespedes-Vargas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ELISEO CESPEDES-VARGAS,
Defendant-Appellant.
No. 22-10258
D.C. No.
4:21-cr-02241-CKJ-LCK-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted April 17, 2023**
Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges.
Eliseo Cespedes-Vargas appeals from the district court’s judgment and
challenges his guilty-plea conviction and 41-month sentence for attempted reentry
of a removed alien, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v.
California, 386 U.S. 738 (1967), Cespedes-Vargas’s counsel has filed a brief
* 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 20 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-10258
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. We have provided Cespedes-Vargas the opportunity to file a
pro se supplemental brief. No pro se supplemental brief or answering brief has
been filed.
Cespedes-Vargas 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.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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