United States of America v. Jorge Ayala-Cornejo, a.k.a. Jorge Ayala

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NOT FOR PUBLICATION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.
JORGE AYALA-CORNEJO, a.k.a. Jorge
Ayala,
Defendant - Appellant.
No. 12-50098
D.C. No. 2:11-cr-00842-PSG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Jorge Ayala-Cornejo appeals from the district court’s judgment and
challenges his guilty-plea conviction and 51-month sentence for being an illegal
alien found in the United States following deportation, in violation of 8 U.S.C.
FILED
MAR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50098 2
§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Ayala-Cornejo’s
counsel has filed a brief stating that there are no grounds for relief, along with a
motion to withdraw as counsel of record. Ayala-Cornejo has filed a pro se
supplemental brief, and the government has filed an answering brief.
Ayala-Cornejo waived his right to appeal his conviction, with the exception
of an appeal based on a claim that his plea was involuntary. He also waived the
right to appeal his sentence, with the exception of the court’s calculation of his
criminal history category. Our independent review of the record pursuant to
Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief as
to Ayala-Cornejo’s plea or his criminal history category. We therefore affirm as to
those issues. We dismiss the remainder of the appeal in light of the valid appeal
waivers. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

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