United States of America v. Felipe Diaz-Flores

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NOT FOR PUBLICATION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.
FELIPE DIAZ-FLORES,
Defendant - Appellant.
No. 11-10191
D.C. No. 4:09-cr-02355-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Robert C. Jones, District Judge, Presiding
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Felipe Diaz-Flores appeals from his guilty-plea conviction and 90-month
sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to
Anders v. California, 386 U.S. 738 (1967), Diaz-Flores’s counsel has filed a brief
FILED
JUL 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-10191 2
stating there are no grounds for relief, along with a motion to withdraw as counsel
of record. Appellant has filed a pro se supplemental brief, and the government has
filed an answering 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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.

-- 2 of 2 --