United States v. Manuel Cornejo-Rodriguez

FILED NOT FOR PUBLICATION APR 10 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10665 Plaintiff - Appellee, D.C. No. 4:08-cr-00283-CKJ- DTF-1 v. MANUEL CORNEJO-RODRIGUEZ, MEMORANDUM* a.k.a. MANUEL RODRIGUEZ- CORNEJO, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted April 8, 2014** San Francisco, California Before: BENAVIDES,*** TALLMAN, and CLIFTON, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Fortunato P. Benavides, Senior Circuit Judge for the United States Court of Appeals for the Fifth Circuit, sitting by designation. Manuel Cornejo-Rodriguez (“Rodriguez”) appeals from the judgment revoking his supervised release and the sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rodriguez’s counsel has 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 the opportunity to file a pro se supplemental brief. No pro se supplemental 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