USA v. Efrain Cisneros-Valdez, No. 09-10512 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 12 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-10512 D.C. No. 2:09-cr-00895-GMS v. MEMORANDUM * EFRAIN CISNEROS-VALDEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Efrain Cisneros-Valdez appeals from his guilty-plea conviction and 60month sentence for re-entry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Cisneros-Valdez s counsel has filed a brief stating 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. We have provided the appellant with the opportunity to file a pro se supplemental brief. We construe the pro se letter received on June 4, 2010, as a pro se supplemental brief. No answering brief has been filed. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We decline to rule on Cisneros-Valdez s claim of ineffective assistance of counsel on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th Cir. 2003). We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). Cisneros-Valdez s request for appointment of new counsel is DENIED. Counsel s motion to withdraw is GRANTED. DISMISSED. 2 09-10512

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