United States of America v. Israel Lupercio-Mendoza, a.k.a. Israel Mendoza-Lupercio

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ISRAEL LUPERCIO-MENDOZA, a.k.a.
Israel Mendoza-Lupercio,
Defendant - Appellant.
No. 15-10169
D.C. No. 2:15-cr-00052-SPL
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Steven P. Logan, District Judge, Presiding
Submitted May 24, 2016**
Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.
Israel Lupercio-Mendoza appeals from the district court’s judgment and
challenges his guilty-plea conviction and 63-month sentence for reentry of a
removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
FILED
MAY 31 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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386 U.S. 738 (1967), Lupercio-Mendoza’s counsel has filed a brief stating that
there are no grounds for relief, along with a motion to withdraw as counsel of
record. Lupercio-Mendoza has filed a pro se supplemental brief. No answering
brief has been filed.
Lupercio-Mendoza 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.
15-10169 2

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