United States v. Torres-Perez

538 F. App'x 796

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 19, 2013
• Docket: No. 12-10061
• Status: Published

Opinion

MEMORANDUM

**

Jose Ricardo Torres-Perez appeals from the district court’s judgment and challenges his jury-trial conviction and 63-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Torres-Perez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Torres-Perez 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED. Torres-Perez’s motion for appointment of substitute counsel is DENIED.

AFFIRMED.

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