FILED
NOT FOR PUBLICATION MAR 16 2011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. 10-50147
Plaintiff - Appellee, D.C. No. 2:09-cr-01238-RGK
v.
MEMORANDUM *
ANTONIO MONTES CASTRO,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Antonio Montes Castro appeals from his guilty-plea conviction and 51-
month sentence for being an illegal alien found in the United States following
deportation in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California,
386 U.S. 738 (1967), Castro’s counsel has filed a brief stating there are no grounds
*
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).
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. No
pro se supplemental brief or 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.
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is AFFIRMED.
2 10-50147