UNITED STATES of America, Plaintiff-Appellee, v. Gabriel RODRIGUEZ-RODRIGUEZ, Defendant-Appellant.
Decided: February 07, 2020
Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.
Michael Emerson Lasater, Esquire, U.S. Attorney, Daniel Earl Zipp, Assistant U.S. Attorney, Office of the US Attorney, San Diego, CA, for Plaintiff-Appellee
Gabriel Rodriguez-Rodriguez appeals from the district court’s judgment and challenges his guilty-plea conviction and 37-month sentence for being a removed alien found in the United States, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Rodriguez-Rodriguez’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 Rodriguez-Rodriguez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Rodriguez-Rodriguez entered into a plea agreement that contained an appeal waiver. We decline to enforce the waiver, however, because the district court failed to advise Rodriguez-Rodriguez of the waiver during the change-of-plea hearing, in violation of Federal Rule of Criminal Procedure 11(b)(1)(N). See United States v. Arellano-Gallegos, 387 F.3d 794, 797 (9th Cir. 2004).
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 on direct appeal.
Counsel’s motion to withdraw is GRANTED.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.