United States of America v. Tereso Garcia-Cruz

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NOT FOR PUBLICATION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.
TERESO GARCIA-CRUZ,
Defendant - Appellant.
No. 12-10566
D.C. No. 2:12-cr-00902-FJM
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
Submitted September 24, 2013**
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Tereso Garcia-Cruz appeals from the district court’s judgment and
challenges his guilty-plea conviction and 68-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), Garcia-Cruz’s counsel has filed a brief stating that there are
FILED
OCT 03 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-10566 2
no grounds for relief, along with a motion to withdraw as counsel of record. We
have provided Garcia-Cruz 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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