United States v. Santiago Arce-Rodriguez

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JUN 17 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 13-10478 Plaintiff - Appellee, D.C. No. 2:13-cr-00653-GMS v. MEMORANDUM* SANTIAGO ARCE-RODRIGUEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona J. Frederick Motz, District Judge, Presiding** Submitted June 12, 2014*** Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges. Santiago Arce-Rodriguez appeals from his guilty-plea conviction and 18-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326; * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable J. Frederick Motz, Senior United States District Judge for the District of Maryland, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). and from the district court’s order denying his motion to extend time to file a notice of appeal. Pursuant to Anders v. California, 386 U.S. 738 (1967), Arce- Rodriguez’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 Arce- Rodriguez the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed. Treating Arce-Rodriguez’s appeal as timely, 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 13-10478