United States v. Jorge Zamora-Leon

FILED NOT FOR PUBLICATION JAN 07 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 08-10464 Plaintiff - Appellee, D.C. No. 2:08-CR-00716-NVW v. MEMORANDUM * JORGE ALBERTO ZAMORA-LEON, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding Submitted December 15, 2009 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. Jorge Zamora-Leon appeals from his guilty-plea conviction and 30-month sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Zamora-Leon’s counsel has * 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). SR/Research 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 with the opportunity to file a pro se supplemental brief. Zamora-Leon has filed a pro se supplemental brief. 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. Zamora-Leon’s December 14, 2009 motion for appointment of counsel is denied. Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. SR/Research 2 08-10464