United States v. Jorge Perez-Luna

FILED NOT FOR PUBLICATION MAR 15 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10054 Plaintiff - Appellee, D.C. No. 2:09-cr-01301-JAT v. MEMORANDUM * JORGE ALBERTO PEREZ-LUNA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges. Jorge Alberto Perez-Luna appeals from his guilty-plea conviction and 21- month sentence for reentry of removed alien, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Perez-Luna’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw * 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). as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief have 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 10-10054