United States v. Enrique Torres-Chairez

FILED NOT FOR PUBLICATION MAY 27 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 08-10557 Plaintiff - Appellee, D.C. No. 2:07-cr-01008-ROS ENRIQUE TORRES-CHAIREZ, a.k.a. Linio Monsivais-Landero, a.k.a. Enrique MEMORANDUM * Torres, Defendant - Appellant. UNITED STATES OF AMERICA, No. 08-10558 Plaintiff - Appellee, D.C. No. 2:01-cr-01025-ROS v. ENRIQUE TORRES-CHAIREZ, a.k.a. Linio Monsivais-Landero, a.k.a. Enrique Torres, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, Chief Judge, Presiding * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Submitted May 24, 2011 ** Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges. In these consolidated appeals, Enrique Torres-Chairez appeals from his guilty-plea conviction and 41-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326, and from the revocation of his supervised release and eight-month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Torres-Chairez’s 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 judgments are AFFIRMED. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2 08-10557