Opinion
No. 10-10541 D.C. No. 4:10-cr-00534-JMR
12-23-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SANTIAGO VALLE-DOMINGUEZ, a.k.a. Santiago Ramirez-Valle, 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NOT FOR PUBLICATION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
Marvin E. Aspen, District Judge, Presiding
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Santiago Valle-Dominguez appeals from his guilty-plea conviction and 41-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Valle-Dominguez'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 the appellant with the opportunity to file a pro se supplemental brief. The appellant has filed a motion for appointment of new counsel, and no 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.
Accordingly, counsel's motion to withdraw is GRANTED, and Valle-Dominguez's motion for appointment of new counsel is DENIED.
The district court's judgment is AFFIRMED.