United States v. Jose Diaz-Hernandez

FILED

NOT FOR PUBLICATION NOV 19 2012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. 11-10643

Plaintiff - Appellee, D.C. No. 2:11-cr-00159-NVW

v.

MEMORANDUM *

JOSE DIAZ-HERNANDEZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Joseph M. Hood, District Judge, Presiding **

Submitted November 13, 2012 ***

Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.

Jose Diaz-Hernandez appeals from his guilty-plea conviction and 51-month

sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant

to Anders v. California, 386 U.S. 738 (1967), Diaz-Hernandez’s counsel has filed a

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** The Honorable Joseph M. Hood, Senior United States District Judge for the Eastern District of Kentucky, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P.…