United States v. Santos Diaz-Santa Cruz

FILED
NOT FOR PUBLICATION AUG 15 2011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. 10-10213

Plaintiff - Appellee, D.C. No. 4:09-cr-02493-JMR

v.
MEMORANDUM *
SANTOS DIAZ-SANTA CRUZ,

Defendant - Appellant.

Appeal from the United States District Court
for the District of Arizona
John M. Roll, District Judge, Presiding

Submitted August 11, 2011 **

Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.

Santos Diaz-Santa Cruz appeals from his guilty-plea conviction and 33-

month sentence for illegal re-entry after deportation, in violation of 8 U.S.C.

§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Diaz-Santa Cruz’s

counsel has filed a brief stating there are no grounds for relief, along with a motion

*
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).
to 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.

Accordingly, counsel’s motion to withdraw is GRANTED, and the district

court’s judgment is AFFIRMED.

2 10-10213