FILED
NOT FOR PUBLICATION FEB 29 2012
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. 11-50013
Plaintiff - Appellee, D.C. No. 2:10-cr-01120-GAF-1
v.
MEMORANDUM *
HECTOR KRISTHIAN PALACIOS-
DIAZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Gary A. Feess, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN and BYBEE, Circuit Judges.
Hector Kristhian Palacios-Diaz appeals from his guilty-plea conviction and
51-month sentence for being an alien found in the United States after removal, in
violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738
*
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).
(1967), Palacios-Diaz’s counsel has 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. 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We
dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d
1179, 1182 (9th Cir. 2000).
Accordingly, counsel’s motion to withdraw is GRANTED and the appeal is
DISMISSED.
2 11-50013