United States v. Fernando Alvarez-Apodaca

FILED NOT FOR PUBLICATION SEP 19 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10103 Plaintiff - Appellee, D.C. No. 4:10-cr-00715-DCB v. MEMORANDUM * FERNANDO ALVAREZ-APODACA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Gordon J. Quist, District Judge, Presiding ** Submitted September 10, 2012 *** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Fernando Alvarez-Apodaca appeals from his guilty-plea conviction and 63-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Gordon J. Quist, Senior United States District Judge for the Western District of Michigan, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Alvarez-Apodaca’s 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 Alvarez-Apodaca 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 11-10103