FILED

NOT FOR PUBLICATION SEP 14 2012

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. 11-10354

Plaintiff - Appellee, D.C. No. 4:10-cr-03315-DCB-

JJM-1

v.

JOSE ROSAS-UZAGARRA, AKA Jose MEMORANDUM * Jesus Rosas-Uzagarra,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding

Submitted September 10, 2012 **

Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.

Jose Rosas-Uzagarra appeals his conviction by guilty plea and 51-month

sentence for attempted re-entry after deportation in violation of 8 U.S.C. § 1326.

Pursuant to Anders v. California, 386 U.S. 738 (1967), Rosas-Uzagarra’s attorney

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

withdraw as counsel of record. 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 district court’s

judgment is AFFIRMED.

2 11-10354