Opinion
No. 11-10103 D.C. No. 4:10-cr-00715-DCB
09-19-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FERNANDO ALVAREZ-APODACA, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Gordon J. Quist, District Judge, Presiding
The Honorable Gordon J. Quist, Senior United States District Judge for the Western District of Michigan, sitting by designation.
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Fernando Alvarez-Apodaca appeals from his guilty-plea conviction and 63-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Alvarez-Apodaca's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Alvarez-Apodaca 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.