United States of America v. Miguel Escontrias-Rascon

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Lawrence L. Piersol, Senior United States District**
Judge for the District of South Dakota, sitting by designation.
The panel unanimously concludes this case is suitable for decision***
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIGUEL ESCONTRIAS-RASCON,
Defendant - Appellant.
No. 11-10503
D.C. No. 4:11-cr-01677-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Lawrence L. Piersol, District Judge, Presiding**
Submitted September 10, 2012***
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Miguel Escontrias-Rascon appeals from his guilty-plea conviction and
18-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326.
FILED
SEP 20 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10503 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Escontrias-Rascon’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 Escontrias-Rascon 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. 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.

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