United States of America v. Clemente Maldonado-Julian, a.k.a. Adolfo Bernabe, a.k.a. Marcial Clemente

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NOT FOR PUBLICATION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.
CLEMENTE MALDONADO-JULIAN,
a.k.a. Adolfo Bernabe, a.k.a. Marcial
Clemente,
Defendant - Appellant.
No. 11-50064
D.C. No. 2:10-cr-01158-VBF
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Valerie Baker Fairbank, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Clemente Maldonado-Julian appeals from his guilty-plea conviction and 30-
month sentence for being an illegal alien found in the United States following
FILED
FEB 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50064 2
deportation, in violation of 8 U.S.C. § 1326.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Maldonado-Julian’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 the appellant the opportunity
to file a pro se supplemental brief. No pro se supplemental brief or answering brief
has been filed.
Maldonado-Julian waived his right to appeal his conviction, with the
exception of an appeal based on a claim that his plea was involuntary. He also
waived the 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 Maldonado-Julian’s plea or the criminal history category
calculated by the court. We therefore affirm as to those issues. We dismiss the
remainder of the appeal in light of the valid appeal waiver. See United States v.
Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

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