United States v. Ezequiel Espinosa-Jimenez ( 2015 )

FILED
NOT FOR PUBLICATION JUL 28 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10553
Plaintiff - Appellee, D.C. No. 4:12-cr-02316-RCC
v.
MEMORANDUM*
EZEQUIEL ESPINOSA-JIMENEZ, a.k.a.
Daniel Jimenez-Hernandez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Submitted July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
Ezequiel Espinosa-Jimenez appeals from the district court’s judgment and
challenges his jury-trial conviction and 63-month sentence for attempted reentry
after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.
*
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).
California, 386 U.S. 738 (1967), Espinosa-Jimenez’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 Espinosa-Jimenez 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.
Espinosa-Jimenez’s motion for an extension of time filed on April 6, 2015,
is denied as moot in the light of the court’s order on the same date granting an
extension sua sponte.
AFFIRMED.
2 13-10553