United States v. Junior Chavira
United States v. Junior Chavira
Opinion
FILED NOT FOR PUBLICATION AUG 16 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 10-50262 Plaintiff - Appellee, D.C. No. 2:10-cr-00063-PSG v. MEMORANDUM * JUNIOR NICOLAS CHAVIRA, Defendant - Appellant.
Appeal from the United States District Court for the Central District of California Philip S. Gutierrez, District Judge, Presiding Submitted August 11, 2011 ** Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Junior Nicolas Chavira appeals from his guilty-plea conviction and 30- month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Chavira’s counsel has filed a brief stating there are no * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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.
2 10-50262
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