United States of America v. Manuel Maria Amaya-Rios

11-10407Court of Appeals for the Ninth Circuit19 set 2012

Testo completo

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NOT FOR PUBLICATION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.
MANUEL MARIA AMAYA-RIOS,
Defendant - Appellant.
No. 11-10407
D.C. No. 2:11-cr-00596-SRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Manuel Maria Amaya-Rios appeals from the 33-month sentence imposed
following his guilty-plea conviction for reentry of a removed alien, in violation of
8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Amaya-
FILED
SEP 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10407 2
Rios’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 Amaya-Rios 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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