United States v. Juan Zapata-Marquez

FILED NOT FOR PUBLICATION JUN 17 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10054 Plaintiff - Appellee, D.C. No. 2:12-cr-01778-ROS v. MEMORANDUM* JUAN ELI ZAPATA-MARQUEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Howard D. McKibben, District Judge, Presiding** Submitted June 12, 2014*** Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges. Juan Eli Zapata-Marquez appeals from the district court’s judgment and challenges his guilty-plea conviction and 57-month sentence for reentry of a * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Howard D. McKibben, Senior United States District Judge for the District of Nevada, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Zapata-Marquez’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 Zapata-Marquez 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 13-10054