United States v. Jose Gaspar-Ceballos

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT DEC 23 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES OF AMERICA, No. 11-10074 Plaintiff - Appellee, D.C. No. 2:10-cr-01360-PGR v. MEMORANDUM * JOSE GASPAR-CEBALLOS, a.k.a. Jose Alfredo Gaspar-Ceballos, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Paul G. Rosenblatt, District Judge, Presiding Submitted December 19,2 011 ** Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges. Jose Gaspar-Ceballos appeals from his guilty-plea conviction and 37-month sentence imposed for reentry of removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Gaspar-Ceballos’s counsel * 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). 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. Gaspar-Ceballos’s pro se motion for appointment of counsel is denied. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 11-10074