United States of America v. FIDEL OSWALDO HERNANDEZ- PALENCIA, AKA Marvin Chavez- Valencia

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FIDEL OSWALDO HERNANDEZ-
PALENCIA, AKA Marvin Chavez-
Valencia,
Defendant - Appellant.
No. 11-10004
D.C. No. 4:09-cr-00125-CKJ-
BPV-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
FILED
SEP 14 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10004 2
Fidel Oswaldo Hernandez-Palencia appeals his conviction by guilty plea and
60-month sentence for illegal reentry after deportation in violation of 8 U.S.C. §
1326, with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Hernandez-
Palencia’s attorney has filed a brief stating that there are no grounds for relief,
along with a motion to withdraw as counsel of record. A pro se supplemental brief
has been filed, and the government has filed a motion to dismiss based on
Hernandez-Palencia’s appellate waiver.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We
dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d
1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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