United States v. Guevara-Sorto

FILED NOT FOR PUBLICATION JUL 23 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 07-10342 Plaintiff - Appellee, D.C. No. CR-06-00487-SMM v. MEMORANDUM * JOSE GONZALO GUEVARA-SORTO, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, District Judge, Presiding Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Jose Gonzalo Guevara-Sorto appeals from his jury-trial conviction and 96- month sentence for illegal reentry after deportation, in violation of 8 U.S.C. * 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). § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Guevara-Sorto’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. The appellant has submitted a pro se supplemental brief. 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. The appellant’s motion to file the late supplemental brief is GRANTED. Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. 2 07-10342