FILED
NOT FOR PUBLICATION OCT 12 2010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. 09-10512
Plaintiff - Appellee, D.C. No. 2:09-cr-00895-GMS
v.
MEMORANDUM *
EFRAIN CISNEROS-VALDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Efrain Cisneros-Valdez appeals from his guilty-plea conviction and 60-
month sentence for re-entry of a removed alien, in violation of 8 U.S.C. § 1326.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Cisneros-Valdez’s counsel
has filed a brief stating there are no grounds for relief, along with a motion to
*
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).
withdraw as counsel of record. We have provided the appellant with the
opportunity to file a pro se supplemental brief. We construe the pro se letter
received on June 4, 2010, as a pro se supplemental brief. No answering brief has
been filed.
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.
We decline to rule on Cisneros-Valdez’s claim of ineffective assistance of
counsel on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th
Cir. 2003).
We dismiss in light of the valid appeal waiver. See United States v. Nguyen,
235 F.3d 1179, 1182 (9th Cir. 2000).
Cisneros-Valdez’s request for appointment of new counsel is DENIED.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 09-10512