United States v. Miguel Lopez-Ruiz

FILED NOT FOR PUBLICATION JUL 19 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-30178 Plaintiff - Appellee, D.C. No. 3:10-cr-00332-MA v. MEMORANDUM * MIGUEL LOPEZ-RUIZ, Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Malcolm F. Marsh, District Judge, Presiding Submitted July 17, 2012 ** Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges. Miguel Lopez-Ruiz appeals from his guilty-plea conviction and 21-month sentence for unlawfully re-entering the United States following deportation, in violation of 8 U.S.C. § 1326 and eluding examination and inspection by immigration officials, in violation of 8 U.S.C. § 1325(a). Pursuant to Anders v. * 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). California, 386 U.S. 738 (1967), Lopez-Ruiz’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 11-30178