United States v. Alexis Chavez-Arujas

FILED NOT FOR PUBLICATION JUL 19 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10153 Plaintiff - Appellee, D.C. No. 4:10-cr-01296-CKJ-BPV-1 v. MEMORANDUM * ALEXIS CHAVEZ-ARUJAS, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted July 17, 2012 ** Before: SCHROEDER, THOMAS and SILVERMAN, Circuit Judges. Alexis Chavez-Arujas appeals from his guilty-plea conviction and 33-month sentence for being an illegal alien found in the United States after having been previously removed, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Chavez-Arujas’s counsel has filed a brief stating * 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). 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.1 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. 1 We decline to review Chavez-Arujas’s ineffective assistance of counsel claim because the record is not sufficiently developed to permit review on direct appeal. See United States v. Leasure, 319 F.3d 1092, 1099 (9th Cir. 2003). 2 11-10153