FILED NOT FOR PUBLICATION SEP 20 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 11-10672 Plaintiff - Appellee, D.C. No. 4:11-cr-02581-DCB v. MEMORANDUM * ELVIN NOE CRUZ-MEDINA, Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Ronald S.W. Lew, District Judge, Presiding ** Submitted September 10, 2012 *** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.

Elvin Noe Cruz-Medina appeals from his guilty-plea conviction and 27-month sentence for reentry 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 Honorable Ronald S.W. Lew, Senior United States District Judge for the Central District of California, sitting by designation. *** 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), Cruz-Medina’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 Cruz-Medina 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.

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