United States v. Gilberto Enriquez-Valenzuela

FILED NOT FOR PUBLICATION JAN 23 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10144 Plaintiff - Appellee, D.C. No. 4:10-cr-02893-RCC v. MEMORANDUM * GILBERTO ENRIQUEZ- VALENZUELA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding Submitted January 17, 2012 ** Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. Gilberto Enriquez-Valenzuela appeals from his guilty-plea conviction and 30-month sentence for importation of marijuana, in violation of 21 U.S.C. § 952, and possession with intent to distribute marijuana, in violation of 21 U.S.C. * 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). § 841(a)(1) and (b)(1)(B)(vii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Enriquez-Valenzuela’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Enriquez-Valenzuela 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 11-10144