USA V. GUALFREDO GOMEZ-GARCIA, No. 11-10377 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 18 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff -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. 11-10377 D.C. No. 2:11-cr-00718-JAT-1 v. MEMORANDUM * GUALFREDO GOMEZ-GARCIA, AKA Gualfredo Gomez, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona James A. Teilborg, District Judge, Presiding Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. Gualfredo Gomez-Garcia appeals his conviction by guilty plea and sentence for re-entry of a removed alien in violation of 8 U.S.C. § 1326(a). * 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). 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 11-10377

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