UNITED STATES v. URENA VILLA (2020)

MEMORANDUM **

Emilio Urena-Villa appeals from the district court's judgment and challenges his guilty-plea conviction and 46-month sentence for possession of ammunition by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Urena-Villa's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Urena-Villa has filed a pro se supplemental brief, and the government has filed a motion to dismiss.

Urena-Villa 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 GRANT the government's motion to dismiss the appeal. See id. at 988.

We decline to address on direct appeal Urena-Villa's pro se claim of ineffective assistance of counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).

Counsel's motion to withdraw is GRANTED.

DISMISSED.