United States of America v. PABLO ELIAS RAMOS-ABARCA, AKA Carlos Humberto Gonzales-Guzman

19-10013Court of Appeals for the Ninth Circuit25 set 2019

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PABLO ELIAS RAMOS-ABARCA, AKA
Carlos Humberto Gonzales-Guzman,
Defendant-Appellant.
No. 19-10013
D.C. No. 2:18-cr-01280-JJT-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
John J. Tuchi, District Judge, Presiding
Submitted September 18, 2019**
Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.
Pablo Elias Ramos-Abarca appeals from the district court’s judgment and
challenges his guilty-plea conviction and 30-month sentence for reentry of a
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
386 U.S. 738 (1967), Ramos-Abarca’s counsel has filed a brief stating that there
* 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
SEP 25 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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are no grounds for relief, along with a motion to withdraw as counsel of record.
We have provided Ramos-Abarca the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Ramos-Abarca 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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