United States v. Juan Sanabria-Perez

FILED NOT FOR PUBLICATION APR 01 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 08-10520

Plaintiff - Appellee, D.C. No. 2:07-cr-01273-FJM v.

MEMORANDUM * JUAN SANABRIA-PEREZ, AKA Maximino Hernandez-Vega,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding Submitted March 16, 2010 **

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Juan Sanabria-Perez appeals from his guilty-plea conviction and 65-month sentence for re-entry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Anders v. California, 386 U.S. 738 (1967), Sanabria-Perez’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. Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

SR/Research 2 08-10520