United States v. Abraham Alvarez

FILED NOT FOR PUBLICATION SEP 20 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10671 Plaintiff - Appellee, D.C. No. 2:11-cr-01911-PGR v. MEMORANDUM * ABRAHAM ALVAREZ, a.k.a. Abraham Alvarez-Renteria, a.k.a. Moises Alvarez- Renteria, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Charles B. Kornmann, District Judge, Presiding ** Submitted September 10, 2012 *** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. Abraham Alvarez appeals from his guilty-plea conviction and 27-month * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Charles B. Kornmann, Senior United States District Judge for the District of South Dakota, sitting by designation. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Alvarez’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 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. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000). Counsel’s motion to withdraw is GRANTED. DISMISSED. 2 11-10671