United States v. Jesus Barron-Garcia

FILED
NOT FOR PUBLICATION FEB 29 2012
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. 11-10040
Plaintiff - Appellee, D.C. No. 4:09-cr-02814-DCB-
JJM-1
v.
JESUS IVAN BARRON-GARCIA, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN and BYBEE, Circuit Judges.
Jesus Ivan Barron-Garcia appeals from his 51-month sentence imposed after
his guilty-plea conviction for being found in the United States after removal, in
violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738(1967), Barron-Garcia’s counsel has filed a brief stating there are no grounds for
*
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).
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. 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.
2 11-10040