United States v. Francisco Gomez-Vasquez

FILED NOT FOR PUBLICATION JUN 21 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10390 Plaintiff - Appellee, D.C. No. 4:10-cr-01886-DCB v. MEMORANDUM * FRANCISCO GOMEZ-VASQUEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding Submitted June 18, 2013 ** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges. Francisco Gomez-Vasquez appeals from the district court’s judgment revoking supervised release and the 18-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Gomez-Vasquez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to * 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). withdraw as counsel of record. Gomez-Vasquez has filed a pro se supplemental brief. The government has filed a motion for summary affirmance. 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 government’s motion for summary affirmance is denied as moot. AFFIRMED. 2 12-10390