Opinion
No. 06-10602.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed September 10, 2008.
John Zachary Boyle, USPX-Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.
David S. Eisenberg, Esq., Phoenix, AZ, for Defendant-Appellant.
Armando Vasquez-Ibarra, California City, CA, pro se.
Appeal from the United States District Court for the District of Arizona, Roslyn O. Silver, District Judge, Presiding. D.C. No. CR-06-00554-ROS.
Before: TASHIMA, SILVERMAN and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Armando Vasquez-Ibarra appeals from his guilty-plea conviction and 46-month sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Vasquez-Ibarra's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000) (stating that an appeal waiver is valid when it is entered into knowingly and voluntarily).
Accordingly, counsel's motion to withdraw is GRANTED, and the appeal is DISMISSED.