FILED
NOT FOR PUBLICATION NOV 28 2011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. 10-10619
Plaintiff - Appellee, D.C. No. 2:10-cr-01301-GMS
JOSE VARGAS-FLORES,
MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted November 21, 2011 **
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Jose Vargas-Flores appeals from his guilty-plea conviction and the 19-
month sentence for being a deported alien found in the United States, in violation
of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967),
Vargas-Flores’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
*
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).
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. With
respect to the appeal of the conviction and sentence, we dismiss in light of the
valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.
2000). We decline to address Vargas-Flores’s claim of ineffective assistance of
counsel on direct appeal as the record is insufficiently developed and his legal
representation was not so inadequate that it can be concluded at this point that he
obviously was denied his Sixth Amendment right to counsel. See United States v.
McKenna, 327 F.3d 830, 845 (9th Cir. 2003) (“Claims of ineffective assistance of
counsel are generally inappropriate on direct appeal.”).
Vargas-Flores’s motion for leave to file a supplemental opening brief
pursuant to Anders is denied.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 10-10619