United States v. Artemio Lopez

U.S. Court of Appeals for the Ninth Circuit

United States v. Artemio Lopez

Opinion

FILED NOT FOR PUBLICATION NOV 08 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 15-50299

Plaintiff-Appellee, D.C. No. 8:14-cr-00130-JLS-1 v.

ARTEMIO VARGAS LOPEZ, a.k.a. MEMORANDUM* Artemio Lopez Vargas,

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California Josephine L. Staton, District Judge, Presiding

Submitted November 4, 2016**

Before: HUG, FARRIS, and CANBY, Circuit Judges.

Artemio Vargas Lopez appeals from the district court’s judgment and

challenges his conviction and 41-month sentence for being an illegal alien found in

the United States following deportation, in violation of 8 U.S.C. § 1326. Pursuant

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). to Anders v. California, 386 U.S. 738 (1967), Lopez’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 Lopez 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 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2

Reference

Status
Unpublished