United States v. Marco Hurtado-Botello

FILED NOT FOR PUBLICATION OCT 19 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-50043 Plaintiff - Appellee, D.C. No. 3:14-cr-02481-LAB v. MEMORANDUM* MARCO ANTONIO HURTADO- BOTELLO, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted October 14, 2015** Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges. . Marco Antonio Hurtado-Botello appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for being a removed alien found in the United States, in violation of 8 * 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). U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Hurtado- Botello’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Hurtado-Botello has filed a pro se supplemental brief. No 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 15-50043