United States of America v. Natividad Aguilar Casares, a.k.a. Natividad Caseres Aguilar, a.k.a. Natividad…

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NATIVIDAD AGUILAR CASARES,
a.k.a. Natividad Caseres Aguilar, a.k.a.
Natividad Ceseres Aguilar,
Defendant - Appellant.
No. 11-50032
D.C. No. 2:10-cr-00550-AHM
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
A. Howard Matz, District Judge, Presiding
Submitted November 21, 2011**
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Natividad Aguilar Casares appeals from his guilty-plea conviction and
30-month sentence imposed for being an illegal alien found in the United States
following deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v.
FILED
NOV 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50032 2
California, 386 U.S. 738 (1967), Casares’s counsel has filed a brief stating there
are no grounds for relief, along with a motion to withdraw as counsel of record.
We have provided Casares the opportunity to file a pro se supplemental brief. No
pro se supplemental brief or answering brief has been filed.
Casares waived his 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, 80-81 (1988), discloses no
arguable grounds for relief as to Casares’s conviction and indicates that the appeal
waiver is operative. Accordingly, we dismiss the appeal of the sentence in part.
See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). With regard to
the court’s calculation of the criminal history category, our independent review of
the record discloses no arguable grounds for relief on direct appeal, and we affirm.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

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