United States v. Juan Acosta-Cruz

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 18 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-10411 Plaintiff-Appellee, D.C. No. 4:17-cr-00228-DCB v. MEMORANDUM* JUAN RICARDO ACOSTA-CRUZ, a.k.a. Ricardo Acosta Cruz, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted May 15, 2018** Before: SILVERMAN, BEA, and WATFORD, Circuit Judges. Juan Ricardo Acosta-Cruz appeals from the district court’s judgment and challenges his guilty-plea conviction and 21-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Acosta-Cruz’s counsel has filed a brief stating that there are * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Acosta-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 17-10411