Opinion
No. 10-10289 D.C. No. 4:09-cr-02160-JMR
04-18-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SANTOS HERRERA-MAGANA, a.k.a. Santos Herrera, 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NOT FOR PUBLICATION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
John M. Roll, District Judge, Presiding
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Santos Herrera-Magana appeals from his guilty-plea conviction and 51-month sentence for re-entry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Herrera-Magana'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. 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.