United States of America v. Lucano Nunez-Correa

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NOT FOR PUBLICATION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.
LUCANO NUNEZ-CORREA,
Defendant - Appellant.
No. 10-10377
D.C. No. 4:10-cr-00383-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Lucano Nunez-Correa appeals from his guilty-plea conviction and the 51-
month sentence for illegal re-entry after deportation, in violation of 8 U.S.C.
§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Nunez-Correa’s
counsel has filed a brief stating there are no grounds for relief, along with a motion
FILED
DEC 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-10377 2
to withdraw as counsel of record. Nunez-Correa filed a pro se supplemental brief,
contending that the district court erred in applying a 16-level crime of violence
enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). The government has filed an
answering brief.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. We
dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d
1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

-- 2 of 2 --