USA V. JESUS BARRON-GARCIA, No. 11-10040 (9th Cir. 2012)

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FILED FEB 29 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10040 D.C. No. 4:09-cr-02814-DCBJJM-1 v. JESUS IVAN BARRON-GARCIA, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN and BYBEE, Circuit Judges. Jesus Ivan Barron-Garcia appeals from his 51-month sentence imposed after his guilty-plea conviction for being found in the United States after removal, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Barron-Garcia s counsel has filed a brief stating there are no grounds for * 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). relief, along with a motion to withdraw as counsel of record. We have provided the appellant with 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. Accordingly, counsel s motion to withdraw is GRANTED, and the district court s judgment is AFFIRMED. 2 11-10040

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