United States v. Rafael Madrigal

FILED NOT FOR PUBLICATION MAR 15 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-30039 Plaintiff - Appellee, D.C. No. 1:08-CR-00112-BLW v. MEMORANDUM * RAFAEL MADRIGAL, Defendant - Appellant. Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges. Rafael Madrigal appeals from: (1) his guilty-plea conviction and 130-month sentence for illegal reentry, in violation of 8 U.S.C. § 1326(a); (2) his guilty-plea conviction and concurrent 120-month sentence for unlawful possession of an unregistered firearm, in violation of 26 U.S.C. §§ 5841 and 5861(d); and (3) the * 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). order of forfeiture under 26 U.S.C. § 5872 and 28 U.S.C. § 2461(c). Pursuant to Anders v. California, 386 U.S. 738 (1967), Madrigal’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 the appellant with the opportunity to file a pro se supplemental brief. A supplemental brief and answering brief have 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 09-30039