United States v. Gustavo Cruz-Hernandez

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 18-10003

Plaintiff-Appellee, D.C. No. 4:17-cr-00132-JAS

v. MEMORANDUM* GUSTAVO DE LA CRUZ-HERNANDEZ,

Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona James Alan Soto, District Judge, Presiding

Submitted August 15, 2018**

Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.

Gustavo De La Cruz-Hernandez appeals from the district court’s judgment

and challenges his guilty-plea conviction and 46-month sentence for smuggling of

goods from the United States, in violation of 18 U.S.C. § 554(a). Pursuant to

Anders v. California, 386 U.S. 738 (1967), De La Cruz-Hernandez’s counsel has

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). filed a brief stating that there are no grounds for relief, along with a motion to

withdraw as counsel of record. We have provided De La Cruz-Hernandez 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 18-10003