FILED
NOT FOR PUBLICATION AUG 16 2011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. 10-30145
Plaintiff - Appellee, D.C. No. 3:09-cr-05866-RJB
v.
MEMORANDUM *
JUAN CARLOS JACOBO-IBARRA,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Robert J. Bryan, District Judge, Presiding
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Juan Carlos Jacobo-Ibarra appeals from his guilty-plea conviction and
sentence of 23 months and one week for unlawful entry by eluding examination
and inspection by immigration officers, in violation of 8 U.S.C. § 1325(a)(2).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Jacobo-Ibarra’s counsel has
*
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).
filed a brief stating there are no grounds for relief, along with a motion 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 as to the
defendant’s conviction. We dismiss the appeal of the sentence 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.
The conviction is AFFIRMED, and the appeal of the sentence is
DISMISSED.
2 10-30145