Opinion
No. 11-10074 D.C. No. 2:10-cr-01360-PGR
12-23-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE GASPAR-CEBALLOS, a.k.a. Jose Alfredo Gaspar-Ceballos, 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NOT FOR PUBLICATION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
Paul G. Rosenblatt, District Judge, Presiding
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Jose Gaspar-Ceballos appeals from his guilty-plea conviction and 37-month sentence imposed for reentry of removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Gaspar-Ceballos'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 with 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
Gaspar-Ceballos's pro se motion for appointment of counsel is denied.
Counsel's motion to withdraw is GRANTED.
AFFIRMED.