USA V. JESUS SERRANO-PEREZ, No. 11-50058 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JUL 19 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 11-50058 D.C. No. 2:10-cr-00883-SJO-1 v. MEMORANDUM * JESUS MARIO SERRANO-PEREZ, AKA Ariel Saldovar-Perez, AKA James Serrano, AKA Jesus Serrano, AKA Jesus M. Serrano, Defendant - Appellant. Appeal from the United States District Court for the Central District of California S. James Otero, District Judge, Presiding Submitted July 17, 2012 ** Before: SCHROEDER, THOMAS and SILVERMAN, Circuit Judges. Jesus Mario Serrano-Perez appeals from his 60-month sentence, imposed after his guilty plea to being an illegal alien found in the United States after having * 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). been previously removed, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Serrano-Perez s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Appellant has filed a pro se supplemental brief. 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.1 Accordingly, counsel s motion to withdraw is GRANTED, and the district court s judgment is AFFIRMED. 1 We decline to review Serrano-Perez s ineffective assistance of counsel claim because the record is not sufficiently developed to permit review on direct appeal. See United States v. Leasure, 319 F.3d 1092, 1099 (9th Cir. 2003). 2 11-50058

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