United States v. Jose Enriquez-Cibrian

FILED NOT FOR PUBLICATION JAN 24 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10090 Plaintiff - Appellee, D.C. No. 4:12-cr-01762-RCC-DTF v. MEMORANDUM* JOSE ENRIQUEZ-CIBRIAN, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona John A. Jarvey, District Judge, Presiding** Submitted January 21, 2014*** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges. Jose Enriquez-Cibrian appeals from the district court’s judgment and challenges his guilty-plea conviction and 36-month sentence for reentry after * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable John A. Jarvey, United States District Judge for the Southern District of Iowa, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Enriquez-Cibrian’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Enriquez-Cibrian 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 (1988), discloses no arguable grounds for relief on direct appeal. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 13-10090