United States of America v. JAVIER GOMEZ-PEREZ, AKA Francisco Perez Gomez, AKA Antonio Hernandez, AKA Javier…

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).
SR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JAVIER GOMEZ-PEREZ, AKA
Francisco Perez Gomez, AKA Antonio
Hernandez, AKA Javier Gomez Perez,
Defendant - Appellant.
No. 08-10271
D.C. No. 2:07-cr-01307-DGC
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Javier Gomez-Perez appeals from his guilty-plea conviction and 51-month
sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326.
FILED
JAN 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SR/Research 08-10271 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Gomez-Perez’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 the appellant with the opportunity to file a
pro se supplemental brief. Gomez-Perez has filed a pro se supplemental brief.
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.
The government has filed a motion to dismiss the appeal on the grounds that
Gomez-Perez waived his right to appeal. We grant that motion.
Accordingly, counsel’s motion to withdraw is GRANTED, and the appeal is
DISMISSED.

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