FILED
NOT FOR PUBLICATION MAY 26 2011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. 09-10455
Plaintiff - Appellee, D.C. No. 4:09-cr-01277-DCB
v.
MEMORANDUM *
ADOLFO MONTES-CASTRO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Adolfo Montes-Castro appeals from the 60-month sentence imposed
following his guilty-plea conviction for illegal re-entry after deportation, in
violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738
(1967), Montes-Castro’s counsel has filed a brief stating there are no grounds for
*
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).
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. We have
considered appellant’s pro se supplemental brief, the government’s motion to
dismiss, and counsel’s motion to allow a pro se response to the government’s
motion to dismiss.
We deny the government’s motion to dismiss. We also deny appellate
counsel’s motion to allow a pro se response.
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 09-10455