FILED

NOT FOR PUBLICATION JUN 21 2013

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. 11-10664

Plaintiff - Appellee, D.C. No. 3:10-cr-00914-TEH

v.

MEMORANDUM *

ABEL RUBIO-LARA,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California Thelton E. Henderson, District Judge, Presiding

Submitted June 18, 2013 **

Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.

Abel Rubio-Lara appeals from the district court’s judgment and challenges

his guilty-plea conviction and 54-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), Rubio-Lara’s counsel has filed a brief stating that there are no grounds for

* 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). relief, along with a motion to withdraw as counsel of record. We have provided

Rubio-Lara 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.

2 11-10664