United States v. Jose Rosas-Uzagarra

FILED NOT FOR PUBLICATION SEP 14 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10354 Plaintiff - Appellee, D.C. No. 4:10-cr-03315-DCB- JJM-1 v. JOSE ROSAS-UZAGARRA, AKA Jose MEMORANDUM * Jesus Rosas-Uzagarra, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted September 10, 2012 ** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Jose Rosas-Uzagarra appeals his conviction by guilty plea and 51-month sentence for attempted re-entry after deportation in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rosas-Uzagarra’s attorney * 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 that 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. Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. 2 11-10354