United States v. Israel Aguilar-Lopez

FILED NOT FOR PUBLICATION AUG 13 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10629 Plaintiff - Appellee, D.C. No. 2:11-cr-01472-SRB v. MEMORANDUM * ISRAEL AGUILAR-LOPEZ, a.k.a. Israel Lopez, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding Submitted August 8, 2012 ** Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges. Israel Aguilar-Lopez appeals from his guilty-plea conviction and 18-month sentence for attempted re-entry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Aguilar-Lopez’s counsel * 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). has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. 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. 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. 2 11-10629