United States of America v. Abel Rubio-Lara

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NOT FOR PUBLICATION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.
ABEL RUBIO-LARA,
Defendant - Appellant.
No. 11-10664
D.C. No. 3:10-cr-00914-TEH
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Thelton E. Henderson, District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Abel Rubio-Lara appeals from the district court’s judgment and challenges
his guilty-plea conviction and 54-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), Rubio-Lara’s counsel has filed a brief stating that there are no grounds for
FILED
JUN 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10664 2
relief, along with a motion to withdraw as counsel of record. We have provided
Rubio-Lara 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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