United States v. Santiago Valle-Dominguez

FILED
NOT FOR PUBLICATION DEC 23 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10541
Plaintiff - Appellee, D.C. No. 4:10-cr-00534-JMR
v.
MEMORANDUM *
SANTIAGO VALLE-DOMINGUEZ,
a.k.a. Santiago Ramirez-Valle,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Marvin E. Aspen, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Santiago Valle-Dominguez appeals from his guilty-plea conviction and 41-
month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Valle-Dominguez’s counsel
*
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).
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 the appellant with the
opportunity to file a pro se supplemental brief. The appellant has filed a motion
for appointment of new counsel, and no 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 Valle-
Dominguez’s motion for appointment of new counsel is DENIED.
The district court’s judgment is AFFIRMED.
2 10-10541