United States of America v. Jose Diaz-Hernandez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Joseph M. Hood, Senior United States District Judge**
for the Eastern District of Kentucky, sitting by designation.
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NOT FOR PUBLICATION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.
JOSE DIAZ-HERNANDEZ,
Defendant - Appellant.
No. 11-10643
D.C. No. 2:11-cr-00159-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Joseph M. Hood, District Judge, Presiding**
Submitted November 13, 2012***
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Jose Diaz-Hernandez appeals from his guilty-plea conviction and 51-month
sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant
to Anders v. California, 386 U.S. 738 (1967), Diaz-Hernandez’s counsel has filed a
FILED
NOV 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10643 2
brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Diaz-Hernandez 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.

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