United States v. Artemio Lopez

FILED NOT FOR PUBLICATION NOV 08 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-50299 Plaintiff-Appellee, D.C. No. 8:14-cr-00130-JLS-1 v. ARTEMIO VARGAS LOPEZ, a.k.a. MEMORANDUM* Artemio Lopez Vargas, Defendant-Appellant. Appeal from the United States District Court for the Central District of California Josephine L. Staton, District Judge, Presiding Submitted November 4, 2016** Before: HUG, FARRIS, and CANBY, Circuit Judges. Artemio Vargas Lopez appeals from the district court’s judgment and challenges his conviction and 41-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. Pursuant * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). to Anders v. California, 386 U.S. 738 (1967), Lopez’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 Lopez 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 (1988), discloses no arguable grounds for relief on direct appeal. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2