United States v. Luis Molina-Hernandez

FILED NOT FOR PUBLICATION JUL 23 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-10264 Plaintiff - Appellee, D.C. No. 2:09-cr-00140-PGR-1 v. MEMORANDUM * LUIS ODILON MOLINA-HERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Paul G. Rosenblatt, District Judge, Presiding ** Submitted June 29, 2010 Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Luis Odilon Molina-Hernandez appeals from his guilty-plea conviction and 57-month sentence for illegal reentry after deportation, in violation of 8 U.S.C. * 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). § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Molina-Hernandez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. The appellant has not filed a pro se supplemental brief, but he has submitted a letter requesting appointment of new counsel. No answering brief has been filed. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. Accordingly, counsel’s motion to withdraw is GRANTED, and Molina- Hernandez’s request for new counsel is DENIED. DISMISSED. 2 09-10264