U.S. Court of Appeals for the Ninth Circuit, 2014

United States v. Guillermo Garcia-Avitia

United States v. Guillermo Garcia-Avitia
U.S. Court of Appeals for the Ninth Circuit · Decided July 28, 2014

United States v. Guillermo Garcia-Avitia

Opinion

FILED NOT FOR PUBLICATION JUL 28 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 13-10050 13-10051 Plaintiff - Appellee, D.C. Nos. 2:12-cr-01412-NVW v. 2:12-cr-50141-NVW GUILLERMO GARCIA-AVITIA, a.k.a.

Guillermo Garcia-Auitia, MEMORANDUM* Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Howard D. McKibben, District Judge, Presiding** Submitted July 22, 2014*** Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.

In these consolidated appeals, Guillermo Garcia-Avitia appeals from his

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Howard D. McKibben, Senior United States District Judge for the District of Nevada, sitting by designation.

***The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). guilty-plea conviction and 36-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326; and the revocation of supervised release and consecutive 12-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia-Avitia’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 Garcia-Avitia 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 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 13-10050 & 13-10051

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