United States v. Francisco Torres-Mora

FILED NOT FOR PUBLICATION MAR 08 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50055 Plaintiff - Appellee, D.C. No. 2:05-cr-00916-CBM v. MEMORANDUM * FRANCISCO TORRES-MORA, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Consuelo B. Marshall, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Francisco Torres-Mora appeals from the district court’s order revoking his supervised release and the 8-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Torres-Mora’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as * 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). counsel of record. We have provided the appellant 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. 2 10-50055