United States of America v. Luis Carlos Mendez-Leon, a.k.a. Luis Carlos Leon-Mendez

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NOT FOR PUBLICATION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.
LUIS CARLOS MENDEZ-LEON, a.k.a.
Luis Carlos Leon-Mendez,
Defendant - Appellant.
No. 12-10341
D.C. No. 4:11-cr-03823-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Luis Carlos Mendez-Leon appeals from the district court’s judgment and
challenges his guilty-plea conviction and 33-month sentence for reentry after
deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386
FILED
OCT 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10341 2
U.S. 738 (1967), Mendez-Leon’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 Mendez-Leon the opportunity to file a pro se supplemental brief. No pro
se supplemental brief or answering brief has been filed.
Mendez-Leon 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. The government’s motion to
allow late filing of its Anders letter is GRANTED.
DISMISSED.

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