United States v. Antonio Castro ( 2011 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                             MAR 16 2011
    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. 10-50147
    Plaintiff - Appellee,             D.C. No. 2:09-cr-01238-RGK
    v.
    MEMORANDUM *
    ANTONIO MONTES CASTRO,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the Central District of California
    R. Gary Klausner, District Judge, Presiding
    Submitted March 8, 2011 **
    Before:        FARRIS, LEAVY, and BYBEE, Circuit Judges.
    Antonio Montes Castro appeals from his guilty-plea conviction and 51-
    month sentence for being an illegal alien found in the United States following
    deportation in violation of 
    8 U.S.C. § 1326
    (a). Pursuant to Anders v. California,
    
    386 U.S. 738
     (1967), Castro’s counsel has filed a brief stating there are no grounds
    *
    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).
    for relief, along with a motion to withdraw as counsel of record. We have
    provided the appellant with the opportunity to file a pro se supplemental brief. No
    pro se supplemental brief or answering brief have been filed.
    Our independent review of the record pursuant to Penson v. Ohio, 
    488 U.S. 75
    , 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
    Counsel’s motion to withdraw is GRANTED, and the district court’s
    judgment is AFFIRMED.
    2                                    10-50147
    

Document Info

Docket Number: 10-50147

Filed Date: 3/16/2011

Precedential Status: Non-Precedential

Modified Date: 4/18/2021