United States of America v. Alexis Chavez-Arujas

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NOT FOR PUBLICATION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.
ALEXIS CHAVEZ-ARUJAS,
Defendant - Appellant.
No. 11-10153
D.C. No. 4:10-cr-01296-CKJ-BPV-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS and SILVERMAN, Circuit Judges.
Alexis Chavez-Arujas appeals from his guilty-plea conviction and 33-month
sentence for being an illegal alien found in the United States after having been
previously removed, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v.
California, 386 U.S. 738 (1967), Chavez-Arujas’s counsel has filed a brief stating
FILED
JUL 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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We decline to review Chavez-Arujas’s ineffective assistance of counsel1
claim because the record is not sufficiently developed to permit review on direct
appeal. See United States v. Leasure, 319 F.3d 1092, 1099 (9th Cir. 2003).
2 11-10153
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. 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We1
dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d
1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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