United States v. Hector Palacios-Diaz

470 F. App'x 552

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 29, 2012
• Docket: 11-50013
• Status: Unpublished

Opinion

MEMORANDUM **

Hector Kristhian Palacios-Diaz appeals from his guilty-plea conviction and 51-month sentence for being an alien 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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Palacios-Diaz’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. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).

Accordingly, counsel’s motion to withdraw is GRANTED and the appeal is DISMISSED.

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