United States of America v. Pedro Gallegos-Rocha

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NOT FOR PUBLICATION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.
PEDRO GALLEGOS-ROCHA,
Defendant - Appellant.
No. 11-10043
D.C. No. 4:10-cr-01147-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted November 21, 2011**
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Pedro Gallegos-Rocha appeals from his guilty-plea conviction and 33-month
sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to
Anders v. California, 386 U.S. 738 (1967), Gallegos-Rocha’s counsel has filed a
brief stating that there are no grounds for relief, along with a motion to withdraw
FILED
NOV 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10043 2
as counsel of record. We have provided the appellant with the opportunity to file a
pro se supplemental brief. The appellant has filed a pro se supplemental brief, and
we grant appellee’s motion to file a late 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. We
decline to address Gallegos-Rocha’s claims of ineffective assistance of counsel on
direct appeal as the record is insufficiently developed and his legal representation
was not so inadequate that it can be concluded at this point that he obviously was
denied his Sixth Amendment right to counsel. See United States v. McKenna, 327
F.3d 830, 845 (9th Cir. 2003) (“Claims of ineffective assistance of counsel are
generally inappropriate on direct appeal.”).
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.

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