UNITED STATES v. MURILLO MACIAS (2019)

MEMORANDUM **

In these consolidated appeals, Juan Heriberto Murillo-Macias appeals from his guilty-plea conviction and 30-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326, and the revocation of supervised release and consecutive 9-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Murillo-Macias’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 Murillo-Macias the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Murillo-Macias waived his right to appeal his reentry conviction and 30-month sentence. Because the record discloses no arguable issue as to the validity of the waiver, we dismiss appeal no. 18-10380. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009).

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief with respect to the revocation of supervised release or the sentence imposed upon revocation. We therefore affirm the judgment in appeal no. 18-10381.

Appellee’s motion for leave to file its late letter is GRANTED.

Counsel’s motion to withdraw is GRANTED.

Appeal No. 18-10380 DISMISSED; Appeal No. 18-10381 AFFIRMED.