United States of America v. Javier Fernando Ayala-Prado

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
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NOT FOR PUBLICATION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.
JAVIER FERNANDO AYALA-PRADO,
Defendant - Appellant.
No. 11-30314
D.C. No. 2:11-cr-06028-LRS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Javier Fernando Ayala-Prado appeals from the district court’s judgment and
challenges the 50-month sentence imposed following his guilty-plea conviction for
being an alien in the United States after deportation, in violation of 8 U.S.C.
§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Ayala-Prado’s
FILED
APR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30314 2
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 Ayala-Prado 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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