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United States v. Cruz-Medina

Citation: 479 F. App'x 803Docket: No. 11-10672

Court: Court of Appeals for the Ninth Circuit; September 20, 2012; Federal Appellate Court

Narrative Opinion Summary

Elvin Noe Cruz-Medina appeals his conviction and 27-month sentence for reentry after deportation under 8 U.S.C. § 1326. His counsel filed an Anders brief indicating no grounds for relief and requested to withdraw. Cruz-Medina was given the chance to submit a pro se brief but did not do so. After a thorough review of the record, no arguable grounds for relief were found. The court granted the motion to withdraw and affirmed the conviction. This decision is not for publication and does not serve as precedent except as specified by 9th Cir. R. 36-3.

Legal Issues Addressed

Anders Brief Procedure

Application: Counsel filed an Anders brief, indicating that after a thorough examination, no meritorious grounds for appeal were found, and requested to withdraw from the case.

Reasoning: His counsel filed an Anders brief indicating no grounds for relief and requested to withdraw.

Appellate Review for Arguable Grounds

Application: The court conducted a comprehensive review of the record and found no arguable grounds for relief, leading to an affirmation of the conviction.

Reasoning: After a thorough review of the record, no arguable grounds for relief were found.

Non-Precedential Decision

Application: The decision in this case is designated as non-precedential, meaning it cannot be cited as precedent in future cases except as provided by the relevant circuit rules.

Reasoning: This decision is not for publication and does not serve as precedent except as specified by 9th Cir. R. 36-3.

Pro Se Brief Opportunity

Application: The appellant was given an opportunity to submit a pro se brief but chose not to do so, which is a part of the procedure when an Anders brief is filed.

Reasoning: Cruz-Medina was given the chance to submit a pro se brief but did not do so.