United States of America v. Juan Eli Zapata-Marquez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN ELI ZAPATA-MARQUEZ,
Defendant - Appellant.
No. 13-10054
D.C. No. 2:12-cr-01778-ROS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Howard D. McKibben, District Judge, Presiding**
Submitted June 12, 2014***
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Juan Eli Zapata-Marquez appeals from the district court’s judgment and
challenges his guilty-plea conviction and 57-month sentence for reentry of a
FILED
JUN 17 2014
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 Honorable Howard D. McKibben, Senior United States District
Judge for the District of Nevada, sitting by designation.
*** 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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removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,
386 U.S. 738 (1967), Zapata-Marquez’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 Zapata-Marquez 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.
13-10054 2

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