United States v. Librado Alvarez-Bajo ( 2013 )

FILED
NOT FOR PUBLICATION FEB 21 2013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. 09-10143
Plaintiff - Appellee, D.C. No. 4:07-CR-01525-JMR
v.
MEMORANDUM *
LIBRADO ALVAREZ-BAJO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Marvin E. Aspen, District Judge, Presiding **
Submitted February 11, 2013 ***
Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.
Librado Alvarez-Bajo appeals from the district court’s judgment and
challenges his guilty-plea conviction and 78-month sentence for illegal reentry
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Marvin E. Aspen, Senior United States District Judge
for the Northern District of Illinois, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Alvarez-Bajo’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 Alvarez-Bajo 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 09-10143