FILED
NOT FOR PUBLICATION MAY 21 2012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. 11-10493
Plaintiff - Appellee, D.C. No. 4:10-cr-00896-CKJ
v.
MEMORANDUM *
ISIDRO GARAY-PEREZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Timothy M. Burgess, District Judge, Presiding **
Submitted May 15, 2012 ***
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Isidro Garay-Perez appeals from his guilty-plea conviction and 36-month
sentence for re-entry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** Timothy M. Burgess, United States District Judge for the District of
Alaska, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Anders v. California, 386 U.S. 738 (1967), Garay-Perez’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 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.
AFFIRMED.
2 11-10493