United States of America v. Juvenal Gutierrez-Garcia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUVENAL GUTIERREZ-GARCIA,
Defendant - Appellant.
No. 15-10013
D.C. No. 2:14-cr-01004-DJH-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Diane J. Humetewa, District Judge, Presiding
Submitted September 2, 2015**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
Juvenal Gutierrez-Garcia appeals from the district court’s judgment and
challenges his guilty-plea conviction and 57-month sentence for being an illegal
alien found in the United States following deportation, in violation of 8 U.S.C. §
1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Gutierrez-Garcia’s
FILED
SEP 04 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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 Gutierrez-Garcia the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Gutierrez-Garcia has waived his right to appeal his conviction and sentence.
Because the record discloses no arguable issue as to the validity of the appeal
waiver, we dismiss the appeal. See United States v. Watson, 582 F.3d 974, 986-88
(9th Cir. 2009).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2

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