United States v. Arsenio Garcia-Cruz

FILED NOT FOR PUBLICATION JUN 27 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10174 Plaintiff - Appellee, D.C. No. 4:12-cr-50231-DCB v. MEMORANDUM* ARSENIO GARCIA-CRUZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted June 25, 2014** Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges. Arsenio Garcia-Cruz appeals from the revocation of supervised release and six-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia-Cruz’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 * 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). have provided Garcia-Cruz 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 13-10174