FILED

NOT FOR PUBLICATION APR 18 2016

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-50423

Plaintiff - Appellee, D.C. No. 3:15-cr-02001-LAB v.

MEMORANDUM* BERSAIN BERISTAIN-JUAREZ,

Defendant - Appellant.

Appeal from the United States District Court

for the Southern District of California

Larry A. Burns, District Judge, Presiding

Submitted April 13, 2016** Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.

Bersain Beristain-Juarez appeals from the district court’s judgment and challenges his guilty-plea conviction and 24-month sentence for attempted reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Beristain-Juarez’s counsel has filed a brief stating

*

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). that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Beristain-Juarez 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 15-50423