United States of America v. Gustavo De La Cruz-Hernandez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
GUSTAVO DE LA CRUZ-HERNANDEZ,
Defendant-Appellant.
No. 18-10003
D.C. No. 4:17-cr-00132-JAS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James Alan Soto, District Judge, Presiding
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
Gustavo De La Cruz-Hernandez appeals from the district court’s judgment
and challenges his guilty-plea conviction and 46-month sentence for smuggling of
goods from the United States, in violation of 18 U.S.C. § 554(a). Pursuant to
Anders v. California, 386 U.S. 738 (1967), De La Cruz-Hernandez’s counsel has
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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filed a brief stating that there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided De La Cruz-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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