United States v. Teofilo Vega

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 19 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-10332

Plaintiff-Appellee, D.C. No. 2:17-cr-00660-GMS

v. MEMORANDUM* TEOFILO BASOCO VEGA, a.k.a. Teofilo Vega Basoco, a.k.a. Teofilo Basoco-Vega,

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding

Submitted March 13, 2018**

Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.

Teofilo Basoco Vega appeals from the district court’s judgment and

challenges his guilty-plea conviction and ten-month sentence for reentry of a

removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,

386 U.S. 738 (1967), Vega’s counsel has filed a brief stating that there are no

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). grounds for relief, along with a motion to withdraw as counsel of record. Vega has

filed a letter, which we treat as a pro se supplemental brief. No answering brief

has been filed.

Vega 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 dismiss

the appeal. See id. at 988.

We decline to address on direct appeal Vega’s pro se claim of ineffective

assistance of counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th

Cir. 2011).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 17-10332