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United States Court of Appeals, Ninth CircuitSep 23, 2008
294 Fed. Appx. 316 (9th Cir. 2008)

No. 06-10287.

Submitted September 8, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed September 23, 2008.

Christina Marie Cabanillas, Assistant U.S., Claire Kiehl Lefkowitz, Esq., Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Miguel Eslava-Ordinola, Beaumont, TX, pro se.

Appeal from the United States District Court for the District of Arizona, John M. Roll, District Judge, Presiding. D.C. No. CR-05-01688-JMR/GEE.

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.

Miguel Eslava-Ordinola appeals from the 51-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Eslava-Ordinola's counsel has filed a brief stating there are no arguable 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 have conducted an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). 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.