
    UNITED STATES of America, Plaintiff-Appellee, v. Fidel Oswaldo HERNANDEZ-PALENCIA, aka Marvin Chavez-Valencia, Defendant-Appellant.
    No. 11-10004.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 10, 2012.
    
    Filed Sept. 14, 2012.
    Christina Marie Cabanillas, Assistant U.S., USTU-Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.
    Brick P. Storts, III, Esquire, Barton & Storts, Tucson, AZ, for Defendant-Appellant.
    Fidel Oswaldo Hernandez-Palencia, pro se.
    Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Fidel Oswaldo Hernandez-Palencia appeals his conviction by guilty plea and 60-month sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326, with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2).

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Hernandez-Palencia’s attorney has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. A pro se supplemental brief has been filed, and the government has filed a motion to dismiss based on Hernandez-Palencia’s appellate waiver.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal. 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. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     