Opinion
No. 18-10003
08-20-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GUSTAVO DE LA CRUZ-HERNANDEZ, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 4:17-cr-00132-JAS MEMORANDUM Appeal from the United States District Court for the District of Arizona
James Alan Soto, District Judge, Presiding Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Gustavo De La Cruz-Hernandez appeals from the district court's judgment and challenges his guilty-plea conviction and 46-month sentence for smuggling of goods from the United States, in violation of 18 U.S.C. § 554(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), De La Cruz-Hernandez's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided De La Cruz-Hernandez 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.