United States v. Michael Araiza-Ortega

FILED NOT FOR PUBLICATION APR 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-50284 Plaintiff - Appellee, D.C. No. 3:12-cr-00487-BEN v. MEMORANDUM* MICHAEL ARAIZA-ORTEGA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted April 16, 2013** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. Michael Araiza-Ortega appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for attempted transportation of illegal aliens and aiding and abetting, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (a)(1)(A)(v)(II). Pursuant to Anders v. California, 386 * 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). U.S. 738 (1967), Araiza-Ortega’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Araiza-Ortega 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 12-50284