FILED
NOT FOR PUBLICATION DEC 23 2011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. 11-10078
Plaintiff - Appellee, D.C. No. 1:10-cr-00309-LJO
v.
MEMORANDUM *
FRANCISCO JAVIER ANDRADE-
ALVARADO,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Francisco Javier Andrade-Alvarado appeals from the 84-month sentence
imposed following his guilty-plea conviction for being a deported alien found in
the United States, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.
*
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).
California, 386 U.S. 738 (1967), Andrade-Alvarado’s counsel has filed a brief
stating there are no grounds for relief, along with a motion to withdraw as counsel
of record.
Andrade-Alvarado filed a pro se supplemental brief, contending that the
district court erred in failing to grant him a one-level reduction for acceptance of
responsibility under U.S.S.G. § 3E1.1(b). The government filed an answering brief
contending that the district court did not err because the government did not move
for an additional one-level reduction and Andrade-Alvarado did not show improper
motive or arbitrariness.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.
75, 80-81 (1988), discloses no arguable grounds for relief as to the defendant’s
conviction.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 11-10078