United States v. Gerardo Ibarra-Ramirez

FILED NOT FOR PUBLICATION MAY 17 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10352 Plaintiff - Appellee, D.C. No. 4:11-cr-00138-CKJ-JJM- 1 v. GERARDO IBARRA-RAMIREZ, AKA MEMORANDUM * Javier Hernandez-Hernandez, AKA Javier Gustavo Hernandez-Hernandez, AKA Javier Hernandez-Reyes, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding ** Submitted May 15, 2012 Before: CANBY, GRABER and M. SMITH, Circuit Judges. * 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). Gerardo Ibarra-Ramirez appeals from his guilty-plea conviction and 70–month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Ibarra-Ramirez’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 appellant 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 available 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. AFFIRMED.