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

United States v. Miguel Escontrias-Rascon

United States v. Miguel Escontrias-Rascon
U.S. Court of Appeals for the Ninth Circuit · Decided September 20, 2012 · Wardlaw, Clifton, Smith
479 F. App'x 786

United States v. Miguel Escontrias-Rascon

Opinion

MEMORANDUM ***

Miguel Escontrias-Rascon appeals from his guilty-plea conviction and 18-month sentence for reentry after deportation, 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), Escont-rias-Rascon’s counsel has filed a brief stat *787 ing there are no grounds for relief, along with a motion to withdraw , as counsel of record. We have provided Escontrias-Rascon the opportunity to ñle 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, 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.

DISMISSED.

***

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

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