United States of America v. Cesar Tellez-Hernandez

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NOT FOR PUBLICATION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.
CESAR TELLEZ-HERNANDEZ,
Defendant - Appellant.
No. 12-30059
D.C. No. 4:11-cr-00080-BLW
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Cesar Tellez-Hernandez appeals from the district court’s judgment and
challenges his jury-trial conviction and 24-month sentence for being a deported
alien found in the United States, in violation of 8 U.S.C. § 1326. Pursuant to
FILED
JUN 25 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30059 2
Anders v. California, 386 U.S. 738 (1967), Tellez-Hernandez’s counsel has filed a
brief stating that there are no grounds for relief, along with a motion to withdraw
as counsel of record. We have provided Tellez-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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