U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Isidro Garay-Perez

United States v. Isidro Garay-Perez
U.S. Court of Appeals for the Ninth Circuit · Decided May 21, 2012

United States v. Isidro Garay-Perez

Opinion

FILED NOT FOR PUBLICATION MAY 21 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 11-10493 Plaintiff - Appellee, D.C. No. 4:10-cr-00896-CKJ v. MEMORANDUM * ISIDRO GARAY-PEREZ, Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Timothy M. Burgess, District Judge, Presiding ** Submitted May 15, 2012 *** Before: CANBY, GRABER, and M. SMITH, Circuit Judges.

Isidro Garay-Perez appeals from his guilty-plea conviction and 36-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.

** Timothy M. Burgess, United States District Judge for the District of Alaska, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Anders v. California, 386 U.S. 738 (1967), Garay-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.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 11-10493

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