FILED
NOT FOR PUBLICATION OCT 27 2011
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. 10-10438
Plaintiff - Appellee, D.C. No. 2:09-cr-00469-GMS
v.
MEMORANDUM *
ENRIQUE LOPEZ-RUELAS, a.k.a.
Francisco R. Cuevas, a.k.a. Enrique Ruelas
Lopez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Enrique Lopez-Ruelas appeals from his guilty-plea conviction and 63-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), Lopez-Ruelas’s counsel has filed a
*
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).
brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Lopez-Ruelas with the opportunity to file
a pro se supplemental brief. He did not file a supplemental brief, but he did file a
motion for appointment of new counsel.
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).
Counsel’s motion to withdraw is GRANTED, and Lopez-Ruelas’s motion
for appointment of new counsel is DENIED.
DISMISSED.
2 10-10438