United States of America v. Fausto Antonio Fabian

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NOT FOR PUBLICATION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.
FAUSTO ANTONIO FABIAN,
Defendant - Appellant.
No. 09-10424
D.C. No. 4:09-cr-01082-FRZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Fausto Antonio Fabian appeals from his guilty-plea conviction and 48-
month sentence for reentry following deportation, in violation of 8 U.S.C.
§ 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Fabians’
counsel has filed a brief stating there are no grounds for relief, along with a motion
FILED
JUL 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-10424 2
to withdraw as counsel of record. We have provided the appellant with the
opportunity to file a pro se supplemental brief. No pro se supplemental brief of
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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.

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