United States v. Alexis Chavez-Arujas

474 F. App'x 646

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 19, 2012
• Docket: 11-10153
• Status: Unpublished

Opinion

MEMORANDUM **

Alexis Chavez-Arujas appeals from his guilty-plea conviction and 33-month sentence for being an illegal alien found in the United States after having been previously removed, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Chavez-Arujas’s counsel has filed a brief stating 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. 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal. 1 We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

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

1 . We decline to review Chavez-Arujas’s ineffective assistance of counsel claim because the record is not sufficiently developed to permit review on direct appeal. See United States v. Leasure, 319 F.3d 1092, 1099 (9th Cir.2003).