United States v. Vicente Lopez-Rios

FILED NOT FOR PUBLICATION APR 11 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 09-10308 & 09-10309 Plaintiff - Appellee, D.C. Nos. 3:08-cr-00846-SI 3:03-cr-00206-SI v. VICENTE LOPEZ-RIOS, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the Northern District of California Susan Illston, District Judge, Presiding Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. In these consolidated appeals, Vicente Lopez-Rios appeals from his guilty- plea conviction and 36-month sentence for illegal reentry following deportation, in violation of 8 U.S.C. § 1326, and from the revocation of his supervised release and the 6-month sentence imposed upon revocation. Pursuant to Anders v. California, * 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). 386 U.S. 738 (1967), Lopez-Rios’ 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. 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 09-10308 & 09-10309