United States v. Cesar Canas

FILED NOT FOR PUBLICATION FEB 22 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-50012 Plaintiff - Appellee, D.C. No. 2:10-cr-00329-GHK-1 v. MEMORANDUM * CESAR DANIEL ALVARADO CANAS, AKA Caesar Alvarado, AKA Cesar Daniel Alvarado, AKA Juan Martinez, AKA Cesar Daniel Novoa, AKA Cesar Daniel Alvarado Novoa, Defendant - Appellant. Appeal from the United States District Court for the Central District of California George H. King, District Judge, Presiding ** Submitted February 21, 2012 Before: FERNANDEZ, McKEOWN and BYBEE, Circuit Judges. * 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). Cesar Daniel Alvarado Canas appeals his conviction by guilty plea and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Canas’ 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 Canas with the opportunity to file a pro se supplemental brief. The appellant has filed a pro se supplemental brief, and no 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.