United States v. Alfredo Sepulveda-Iribe

FILED
NOT FOR PUBLICATION MAR 29 2011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. 09-50368

Plaintiff - Appellee, D.C. No. 3:08-cr-01809-BEN

v.
MEMORANDUM *
ALFREDO SEPULVEDA-IRIBE,

Defendant - Appellant.

Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding

Submitted March 8, 2011 **

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

Alfredo Sepulveda-Iribe appeals from his jury-trial conviction and 92-month

sentence for being a deported alien found in the United States, in violation of 8

U.S.C. § 1326.

Pursuant to Anders v. California, 386 U.S. 738 (1967), Sepulveda-Iribe’s

*
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 has filed a brief stating there are no grounds for relief, along with a motion

to withdraw as counsel of record. Appellant has filed a pro se supplemental brief,

but no 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 09-50368