FILED

NOT FOR PUBLICATION APR 18 2012

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. 11-50269

Plaintiff - Appellee, D.C. No. 3:11-cr-00225-IEG-1 v.

MEMORANDUM * DAVID NAJIMIAS-NACACH, AKA David Herrera-Roman,

Defendant - Appellant.

Appeal from the United States District Court

for the Southern District of California

Irma E. Gonzalez, Chief District Judge, Presiding

Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges.

David Najimias-Nacach appeals his conviction by guilty plea and sentence for attempted entry after deportation in violation of 8 U.S.C. § 1326.

*

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).

Pursuant to Anders v. California, 386 U.S. 738 (1967), Najimias-Nacach’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Najimias-Nacach has filed a pro se supplemental 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.

Counsel’s motion to withdraw is granted.

AFFIRMED.

2 11-50269