United States v. Alexander Sol-Torres

FILED NOT FOR PUBLICATION JAN 23 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50576 Plaintiff - Appellee, D.C. No. 3:09-cr-03957-IEG v. MEMORANDUM * ALEXANDER SOL-TORRES, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Irma E. Gonzalez, Chief Judge, Presiding Submitted January 17, 2012 ** Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. Alexander Sol-Torres appeals from his guilty-plea conviction and 46-month sentence for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Sol- Torres’s counsel has filed a brief stating that there are no grounds for relief, along * 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). with a motion to withdraw as counsel of record. We have provided Sol-Torres 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 judgment is AFFIRMED. 2 10-50576