United States of America v. Guillermo Garcia-Avitia, a.k.a. Guillermo Garcia-Auitia

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GUILLERMO GARCIA-AVITIA, a.k.a.
Guillermo Garcia-Auitia,
Defendant - Appellant.
Nos. 13-10050
13-10051
D.C. Nos. 2:12-cr-01412-NVW
2:12-cr-50141-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Howard D. McKibben, District Judge, Presiding**
Submitted July 22, 2014***
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
In these consolidated appeals, Guillermo Garcia-Avitia appeals from his
FILED
JUL 28 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Howard D. McKibben, Senior United States District
Judge for the District of Nevada, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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guilty-plea conviction and 36-month sentence for reentry of a removed alien, in
violation of 8 U.S.C. § 1326; and the revocation of supervised release and
consecutive 12-month sentence imposed upon revocation. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Garcia-Avitia’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 Garcia-Avitia 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.
13-10050 & 13-10051 2

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