United States v. Jesus Serrano-Perez

474 F. App'x 633

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 19, 2012
• Docket: 11-50058
• Status: Unpublished

Opinion

MEMORANDUM **

Jesus Mario Serrano-Perez appeals from his 60-month sentence, imposed after his guilty plea to 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), Serrano-Perez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Appellant has filed a pro se supplemental brief.

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

Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

** 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 Serrano-Perez'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).