United States v. Maria Figueroa-Salinas

FILED NOT FOR PUBLICATION JUN 21 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10328 Plaintiff - Appellee, D.C. No. 4:11-cr-02258-CKJ v. MEMORANDUM* MARIA ESTHER FIGUEROA- SALINAS, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding Submitted June 18, 2013** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges. Maria Esther Figueroa-Salinas appeals from the district court’s judgment and challenges her guilty-plea conviction and 40-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. 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), Figueroa-Salinas’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 Figueroa-Salinas 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. The court is in receipt of Figueroa-Salinas’s letter dated May 30, 2013. Insofar as the letter can be construed as a motion for substitute counsel, that motion is denied. AFFIRMED. 2 12-10328