United States of America v. Francisco Preciado-Ramirez

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NOT FOR PUBLICATION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.
FRANCISCO PRECIADO-RAMIREZ,
Defendant - Appellant.
No. 12-30197
D.C. No. 3:11-cr-00408-HZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Marco A. Hernandez, District Judge, Presiding
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Francisco Preciado-Ramirez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 27-month sentence for illegal reentry of a
deported alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
FILED
MAY 17 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30197 2
386 U.S. 738 (1967), Preciado-Ramirez’s 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 Preciado-Ramirez the opportunity to file a pro se supplemental
brief. No pro se supplemental brief has been filed. The government has filed a
motion to dismiss the appeal.
Preciado-Ramirez has 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 (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.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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