United Statesv.Martinez-Escalon

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITJan 16, 2013
No. 12-10096 (9th Cir. 2013)
No. 12-10096505 Fed. Appx. 629

No. 12-10096 D.C. No. 4:11-cr-03586-CKJ

01-16-2013

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ELBIS SAUL MARTINEZ-ESCALON, a.k.a. Elbis Saul Martinez, Defendant - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the District of Arizona

Timothy M. Burgess, District Judge, Presiding

The Honorable Timothy M. Burgess, United States District Judge for the District of Alaska, sitting by designation.

Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.

Elbis Saul Martinez-Escalon appeals from the district court's judgment and challenges his guilty-plea conviction and 51-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Martinez-Escalon's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Martinez-Escalon 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 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel's motion to withdraw is GRANTED.

AFFIRMED.