United States of America v. Guadalupe Diaz-Cruz

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GUADALUPE DIAZ-CRUZ,
Defendant-Appellant.
No. 19-50261
D.C. No. 3:18-cr-05018-BEN-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted April 20, 2021**
Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.
Guadalupe Diaz-Cruz appeals from the district court’s judgment and
challenges his guilty-plea conviction, 60-month custodial sentence, and $500 fine
imposed for being a removed alien found in the United States, in violation of 8
U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Diaz-
* 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
APR 22 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 19-50261
Cruz’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 Diaz-Cruz 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.

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