United States of America v. Cesar Soto-Flores

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NOT FOR PUBLICATION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.
CESAR SOTO-FLORES,
Defendant - Appellant.
No. 11-10490
D.C. No. 2:11-cr-01139-JAT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted June 10, 2013**
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Cesar Soto-Flores appeals from the district court’s judgment and challenges
his guilty-plea conviction and 19-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
FILED
JUN 18 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10490 2
(1967), Soto-Flores’s counsel has filed a brief stating that there are no grounds for
relief, along with a motion to withdraw as counsel of record. We have provided
Soto-Flores the opportunity to file a pro se supplemental brief. No pro se
supplemental brief or answering brief has been filed.
Soto-Flores has 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).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.

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