United States v. Armando Porras-Cordero

FILED NOT FOR PUBLICATION SEP 20 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10445 Plaintiff - Appellee, D.C. No. 4:11-cr-01102-RCC v. MEMORANDUM * ARMANDO PORRAS-CORDERO, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Nancy D. Freudenthal, Chief Judge, Presiding ** Submitted September 10, 2012 *** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Armando Porras-Cordero appeals from his guilty-plea conviction and 64-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 Nancy D. Freudenthal, Chief Judge of the United States District Court for the District of Wyoming, 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), Porras-Cordero’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 Porras-Cordero 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. 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 11-10445