United States v. Jose Lopez-Alvarez

FILED NOT FOR PUBLICATION MAR 21 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-50562 Plaintiff - Appellee, D.C. No. 3:11-cr-01511-WQH v. MEMORANDUM * JOSE LOPEZ-ALVAREZ, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Submitted March 12, 2013 ** Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges. Jose Lopez-Alvarez appeals from the district court’s judgment and challenges his jury-trial conviction and 120-month sentence for importation of heroin and cocaine, in violation of 21 U.S.C. §§ 952 and 960. Pursuant to Anders * 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). v. California, 386 U.S. 738 (1967), Lopez-Alvarez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Lopez-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. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 11-50562