Opinion
No. 10-10377
12-21-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LUCANO NUNEZ-CORREA, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 4:10-cr-00383-DCB
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
David C. Bury, District Judge, Presiding
Submitted December 19, 2011
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Lucano Nunez-Correa appeals from his guilty-plea conviction and the 51-month sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Nunez-Correa's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Nunez-Correa filed a pro se supplemental brief, contending that the district court erred in applying a 16-level crime of violence enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). The government has filed an answering brief.
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.