United States v. Vicente Ortiz-Hernandez

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT SEP 20 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES OF AMERICA, No. 11-10573 Plaintiff - Appellee, D.C. No. 4:10-cr-03837-RCC v. MEMORANDUM * VICENTE ORTIZ-HERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Philip G. Reinhard, District Judge, Presiding ** Submitted September 10, 2012 *** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Vicente Ortiz-Hernandez appeals from the 36-month sentence imposed following his guilty-plea conviction for reentry after deportation, in violation of 8 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Philip G. Reinhard, Senior United States District Judge for the Northern District of Illinois, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Ortiz- Hernandez’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 Ortiz- Hernandez 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 (1988), discloses no arguable grounds for relief on direct appeal. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 11-10573