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NOT FOR PUBLICATION MAR 15 2011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. 10-10155
Plaintiff - Appellee, D.C. No. 4:09-cr-50211-JMR
v.
MEMORANDUM *
RUBEN ALVAREZ-CERVANTES,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David S. Doty, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Ruben Alvarez-Cervantes appeals from the revocation of his supervised
release and the 12-month sentence imposed upon revocation. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Alvarez-Cervantes’ counsel has filed a brief
stating there are no grounds for relief, along with a motion to withdraw as counsel
*
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).
of record. We have provided the appellant with 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 10-10155