United States v. Humberto Moran-Torres

FILED NOT FOR PUBLICATION JUN 21 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10002 Plaintiff - Appellee, D.C. No. 2:10-cr-00231-EJG v. MEMORANDUM * HUMBERTO MORAN-TORRES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of California Edward J. Garcia, District Judge, Presiding Submitted June 18, 2013 ** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges. Humberto Moran-Torres appeals from the district court’s judgment and challenges his guilty-plea conviction and 120-month sentence for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Moran-Torres’s counsel has filed a * 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). brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Moran-Torres has filed pro se supplemental opening and reply briefs, and the government has filed an answering brief. 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 12-10002