United States of America v. Francisco Fernando Chavez Valdez, aka Francisco Chavez, aka Jose Medina Lopez, aka…

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NOT FOR PUBLICATION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.
FRANCISCO FERNANDO CHAVEZ
VALDEZ, aka Francisco Chavez, aka Jose
Medina Lopez, aka Francisco Valdez,
Defendant - Appellant.
No. 11-50034
D.C. No. 2:09-cr-00796-DSF-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS and SILVERMAN, Circuit Judges.
Francisco Fernando Chavez Valdez appeals from his guilty-plea conviction
and 46-month sentence for being an illegal alien found in the United States after
having been previously removed, in violation of 8 U.S.C. § 1326(a). Pursuant to
FILED
JUL 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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2 11-50034
Anders v. California, 386 U.S. 738 (1967), Valdez’s counsel has filed a brief
stating there are no grounds for relief, along with a motion to withdraw as counsel
of record. Valdez has filed a pro se supplemental brief.
With regard to Valdez’s conviction and criminal history, from which he
retained the right to appeal, our independent review of the record discloses no
arguable grounds for relief, and we affirm.
Valdez waived his right to appeal his sentence with the exception of the
calculation of his criminal history category. Our independent review of the record
pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), indicates that the appeal
waiver is operative. Accordingly, we dismiss the appeal in part. 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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