United States v. Juan Ruiz-Ornelas

FILED
NOT FOR PUBLICATION JAN 16 2013
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. 11-10653
Plaintiff - Appellee, D.C. No. 2:11-cr-01303-DGC
v.
MEMORANDUM *
JUAN RUIZ-ORNELAS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Charles B. Kornmann, District Judge, Presiding **
Submitted January 15, 2013 ***
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Juan Ruiz-Ornelas appeals from the district court’s judgment and challenges
his guilty-plea conviction and 41-month sentence for reentry of a removed alien, in
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Charles B. Kornmann, Senior United States District
Judge for the District of South Dakota, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738(1967), Ruiz-Ornelas’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 Ruiz-Ornelas 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.
2 11-10653