United States v. Juan Hernandez-Guzman

FILED NOT FOR PUBLICATION AUG 02 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 08-10499 Plaintiff - Appellee, D.C. No. 2:06-CR-00377-ROS v. JUAN HERNANDEZ-GUZMAN, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding Submitted July 19, 2010 ** Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges. Juan Hernandez-Guzman appeals from his jury-trial conviction and 132-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Hernandez- Guzman’s counsel has filed a brief stating there are no grounds for relief, along * 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). with a motion to withdraw as counsel of record. We have considered the claims raised by Hernandez-Guzman’s pro se supplemental brief submitted on March 29, 2010. 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 the district court’s judgment is AFFIRMED. 2 08-10499