United States of America v. Margarito Valero-Torres

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARGARITO VALERO-TORRES,
Defendant - Appellant.
No. 12-10556
D.C. No. 4:11-cr-02364-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Marvin E. Aspen, District Judge, Presiding**
Submitted June 12, 2014***
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Margarito Valero-Torres appeals from the district court’s judgment and
challenges his guilty-plea conviction and 33-month sentence for reentry after
FILED
JUN 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Marvin E. Aspen, Senior United States District Judge
for the Northern District of Illinois, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386
U.S. 738 (1967), Valero-Torres’s counsel has filed a brief stating that there are no
grounds for relief, along with a motion to withdraw as counsel of record. We have
provided Valero-Torres 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.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
12-10556 2

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