United States v. Hector Garcia

FILED NOT FOR PUBLICATION FEB 15 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10386 Plaintiff - Appellee, D.C. No. 2:07-cr-00235-LDG v. MEMORANDUM * HECTOR GARCIA, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding Submitted February 11, 2013 ** Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges. Hector Garcia appeals from the district court’s judgment and challenges his jury-trial conviction and 120-month sentence for coercion and enticement, in violation of 18 U.S.C. § 2422(b). Pursuant to Anders v. California, 386 U.S. 738 * 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). (1967), Garcia’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Garcia has filed a pro se supplemental brief. No 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. Garcia’s request for appointment of new counsel is DENIED. AFFIRMED. 2 10-10386