United States v. Jose Estrada-Ambriz

FILED NOT FOR PUBLICATION JUL 02 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10336 Plaintiff - Appellee, D.C. No. 1:10-cr-00252-LJO v. MEMORANDUM * JOSE ABEL ESTRADA-AMBRIZ, a.k.a. Jose Abel Ambriz Estrada, a.k.a. Jose Abel Ruiz, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, District Judge, Presiding Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Jose Abel Estrada-Ambriz appeals from his guilty-plea conviction and 37-month sentence for being a deported alien found in the United States, in * 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). violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Estrada-Ambriz’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Estrada-Ambriz has filed a pro se supplemental brief. No answering brief has been filed. Estrada-Ambriz filed a pro se notice of appeal over nine months after the district court entered judgement. Accordingly, we dismiss this appeal as untimely. See Fed. R. App. P. 4(b)(1)(A)(i). Counsel’s motion to withdraw is GRANTED. DISMISSED. 2 11-10336