United States v. Abraham Alvarez , 479 F. App'x 788 ( 2012 )


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  •                                                                            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    NOT FOR PUBLICATION                            SEP 20 2012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
    

Document Info

Docket Number: 11-10671

Citation Numbers: 479 F. App'x 788

Judges: Clifton, Smith, Wardlaw

Filed Date: 9/20/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023