FILED
NOT FOR PUBLICATION OCT 6 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10668
Plaintiff - Appellee, D.C. No. 4:13-cr-01005-RCC
v.
MEMORANDUM*
DAGOBERTO CERVANTES-
PORTILLO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Linda R. Reade, District Judge, Presiding**
Submitted September 23, 2014***
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Dagoberto Cervantes-Portillo appeals from the district court’s judgment and
challenges his guilty-plea conviction and 46-month sentence for reentry after
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Linda R. Reade, Chief Judge of the United States
District Court for the Northern District of Iowa, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386
U.S. 738 (1967), Cervantes-Portillo’s counsel has filed a brief stating that there are
no grounds for relief, along with a motion to withdraw as counsel of record. We
have provided Cervantes-Portillo 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 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 13-10668