USA V. MIGUEL GARCIA-AMESQUITA, No. 11-10212 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 21 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 11-10212 D.C. No. 4:10-cr-02407-RCC v. MEMORANDUM * MIGUEL ANGEL GARCIAAMESQUITA, a.k.a. Juan Tomas AriasRivas, a.k.a. Miguel Angel GarciaAmesguita, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Miguel Angel Garcia-Amesquita appeals from his guilty-plea conviction and 18-month sentence for re-entry after deportation, in violation of 8 U.S.C. § 1326. * 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). Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia-Amesquita s counsel has filed a brief stating there are no grounds for 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. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). Counsel s motion to withdraw is GRANTED. DISMISSED. 2 11-10212

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