United States v. Gualfredo Gomez-Garcia

FILED
NOT FOR PUBLICATION APR 18 2012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. 11-10377

Plaintiff - Appellee, D.C. No. 2:11-cr-00718-JAT-1

v.
MEMORANDUM *
GUALFREDO GOMEZ-GARCIA, AKA
Gualfredo Gomez,

Defendant - Appellant.

Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding

Submitted April 17, 2012 **

Before: LEAVY, PAEZ, and BEA, Circuit Judges.

Gualfredo Gomez-Garcia appeals his conviction by guilty plea and sentence

for re-entry of a removed alien in violation of 8 U.S.C. § 1326(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).
 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

DISMISSED.

2 11-10377