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NOT FOR PUBLICATION OCT 27 2011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. 10-10520
Plaintiff - Appellee, D.C. No. 4:09-cr-02816-JMR
v.
MEMORANDUM *
SERGIO SANTOS-BERNAL,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
John M. Roll, District Judge, Presiding
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Sergio Santos-Bernal appeals from his guilty-plea conviction and 52-month
sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to
Anders v. California, 386 U.S. 738 (1967), Santos-Bernal’s counsel has filed a
brief stating that there are no grounds for relief, along with a motion to withdraw
*
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).
as counsel of record. We have provided Santos-Bernal 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.
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is AFFIRMED.
2 10-10520