United States v. Carlos Jimenez-Jimenez

FILED NOT FOR PUBLICATION JUN 27 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10264 Plaintiff - Appellee, D.C. No. 2:10-cr-00071-NVW v. MEMORANDUM * CARLOS ADRIAN JIMENEZ-JIMENEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding Submitted June 15, 2011 ** Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges. Carlos Adrian Jimenez-Jimenez appeals from his guilty-plea conviction and 27-month sentence for re-entry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Jimenez-Jimenez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to * 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). withdraw 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 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. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). Counsel’s motion to withdraw is GRANTED. DISMISSED. 2 10-10264