FILED
NOT FOR PUBLICATION OCT 22 2013
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, Nos. 12-10582
12-10583
Plaintiff - Appellee,
D.C. Nos. 2:12-cr-50133-SMM
v. 2:12-cr-01510-SMM
MAXIMILIANO MENDEZ-BALTAZAR,
MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Stephen M. McNamee, District Judge, Presiding
Submitted October 15, 2013 **
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
In these consolidated appeals, Maximiliano Mendez-Baltazar appeals his
guilty-plea conviction and 63-month sentence for reentry of a removed alien, in
violation of 8 U.S.C. § 1326; and the revocation of supervised release and
consecutive 18-month sentence imposed upon revocation. Pursuant to Anders v.
*
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).
California, 386 U.S. 738 (1967), Mendez-Baltazar’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 Mendez-Baltazar 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 12-10582 & 12-10583