United States of America v. Felicito Clemente-Cano

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NOT FOR PUBLICATION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.
FELICITO CLEMENTE-CANO,
Defendant - Appellant.
No. 11-10240
D.C. No. 4:10-cr-03590-CKJ-
CRP-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Felicito Clemente-Cano appeals his conviction by guilty plea and 30-month
sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326, with a
sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2).
FILED
SEP 14 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-10240 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Clemente-Cano’s
attorney has filed a brief stating that there are no grounds for relief, along with a
motion to withdraw as counsel of record. 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, 80-81 (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.

-- 2 of 2 --