United States v. Joel Romero-Giron

FILED NOT FOR PUBLICATION JUN 17 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10162 Plaintiff - Appellee, D.C. No. 4:12-cr-00924-JGZ v. MEMORANDUM* JOEL ALEXIS ROMERO-GIRON, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding Submitted June 12, 2014** Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges. Joel Alexis Romero-Giron appeals from the district court’s judgment and challenges his jury-trial conviction and 51-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Romero-Giron’s counsel has filed a brief stating that there are no * 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). grounds for relief, along with a motion to withdraw as counsel of record. We have provided Romero-Giron 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. Romero-Giron’s pro se motion for appointment of new counsel is DENIED. The government’s motion to allow late filing of the Anders letter is GRANTED. AFFIRMED. 2 13-10162