Opinion
No. 11-10438 D.C. No. 4:10-cr-03517-CKJ
09-13-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FREDDY DIAZ-CHAVEZ, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Nancy D. Freudenthal, Chief Judge, Presiding
The Honorable Nancy D. Freudenthal, Chief Judge of the United States District Court for the District of Wyoming, sitting by designation.
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Freddy Diaz-Chavez appeals from his guilty-plea conviction and 77-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Diaz-Chavez'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 Diaz-Chavez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel's motion to withdraw is GRANTED.
AFFIRMED.