UNITED STATES of America, Plaintiff-Appellee, v. Sesar Asuncion COVARRUBIAS-ARELLANO, aka Sesar Covarrubias, Defendant-Appellant.
Decided: October 29, 2020
Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.
Caitlin Bales Noel, Assistant U.S. Attorney, Krissa Marie Lanham, USPX - Office of the US Attorney, Phoenix, AZ, for Plaintiff-Appellee
Sesar Asuncion Covarrubias-Arellano appeals from the district court's judgment and challenges his guilty-plea conviction and time-served sentence, to be followed by 36 months of supervised release, for reentry of a removed alien, 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), Covarrubias-Arellano's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. The court did not provide Covarrubias-Arellano an opportunity to file a pro se supplemental brief because he was removed from the United States on March 26, 2020, and the parties were unable to provide a mailing address for him. No answering brief has been filed.
Covarrubias-Arellano 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.
Counsel's motion to withdraw is GRANTED.
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