FILED

NOT FOR PUBLICATION MAY 27 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 10-10070

Plaintiff - Appellee, D.C. No. 3:09-cr-08128-PGR

v.

MEMORANDUM *

ALEJANDRO ENRIQUE JIMENEZ-SAN

VINCENTE,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Paul G. Rosenblatt, District Judge, Presiding

Submitted May 24, 2011 **

Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.

Alejandro Enrique Jimenez-San Vincente appeals from his guilty-plea

conviction and 33-month sentence for violating 8 U.S.C. § 1326. Pursuant to

Anders v. California, 386 U.S. 738 (1967), Jimenez-San Vicente’s counsel has

* 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). filed a brief stating there are no grounds for relief, along with a motion to withdraw

as counsel of record. We have provided the appellant with 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED, and the judgment is

AFFIRMED.

2 10-10070