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UNITED STATES of America, Plaintiff-Appellee, v. Brian Antoine EDWARDS, Defendant-Appellant.
MEMORANDUM **
Brian Antoine Edwards appeals from the district court’s judgment and challenges his guilty-plea conviction, time-served sentence, and 36-month term of supervised release for transportation of illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and (a)(1)(B)(ii). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Edwards’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 Edwards the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Edwards 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.
The record suggests that Edwards is a United States citizen; however, the judgment includes an alien registration number. On remand, if the district court determines that Edwards is a United States citizen, the judgment should be corrected.
Counsel’s motion to withdraw is GRANTED.
DISMISSED; REMANDED with instructions.
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Docket No: No. 19-10098
Decided: April 10, 2020
Court: United States Court of Appeals, Ninth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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