United States of America v. Bersain Beristain-Juarez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BERSAIN BERISTAIN-JUAREZ,
Defendant - Appellant.
No. 15-50423
D.C. No. 3:15-cr-02001-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Bersain Beristain-Juarez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 24-month sentence for attempted reentry
of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Beristain-Juarez’s counsel has filed a brief stating
FILED
APR 18 2016
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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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that there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Beristain-Juarez 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.
15-50423 2

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