United States v. Enrique Lopez-Ruelas

U.S. Court of Appeals for the Ninth Circuit
United States v. Enrique Lopez-Ruelas, 455 F. App'x 771 (9th Cir. 2011)

United States v. Enrique Lopez-Ruelas

Opinion

MEMORANDUM **

Enrique Lopez-Ruelas appeals from his guilty-plea conviction and 63-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Lopez-Ruelas’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 Lopez-Ruelas with the opportunity to file a pro se supplemental brief. He did not file a supplemental brief, but he did file a motion for appointment of new counsel.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300. (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, and Lopez-Ruelas’s motion for appointment of new counsel is DENIED.

DISMISSED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Enrique LOPEZ-RUELAS, A.K.A. Francisco R. Cuevas, A.K.A. Enrique Ruelas Lopez, Defendant-Appellant
Status
Unpublished