FILED
NOT FOR PUBLICATION SEP 20 2012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. 11-10672
Plaintiff - Appellee, D.C. No. 4:11-cr-02581-DCB
v.
MEMORANDUM *
ELVIN NOE CRUZ-MEDINA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Ronald S.W. Lew, District Judge, Presiding **
Submitted September 10, 2012 ***
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Elvin Noe Cruz-Medina appeals from his guilty-plea conviction and
27-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Ronald S.W. Lew, Senior United States District Judge
for the Central District of California, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Cruz-Medina’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 Cruz-Medina 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 11-10672