United States v. Rodriguez-Porras ( 2009 )

FILED
United States Court of Appeals
Tenth Circuit
December 15, 2009
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee, No. 09-1099
v. (D. Colorado)
GILBERTO RODRIGUEZ-PORRAS, (D.C. No. 1:08-CR-00394-WYD-1)
a/k/a Juan Carlos Nevarez-Garcia,
a/k/a Manuel Martinez-Porras, a/k/a
Miguel Mendez, a/k/a Luis Serrano,
a/k/a Juan Carlos Nevarez, a/k/a
Gilberto Rodriguez,
Defendant - Appellant.
ORDER AND JUDGMENT *
Before HARTZ, SEYMOUR, and EBEL, Circuit Judges.
On December 11, 2008, Gilberto Rodriguez-Porras pleaded guilty in the
United States District Court for the District of Colorado to one count of
reentering the country after having been previously deported following conviction
*
After examining the briefs and appellate record, this panel has determined
unanimously to honor the party’s request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent except under the doctrines of law of the case, res judicata, and
collateral estoppel. It may be cited, however, for its persuasive value consistent
with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
of an aggravated felony. See 8 U.S.C. §§ 1326(a), (b)(2). The district court
sentenced him to 64 months’ imprisonment, and he appealed. Finding no
meritorious issues for appeal, his counsel has submitted an Anders brief and a
motion for leave to withdraw. See Anders v. California, 386 U.S. 738 (1967).
Counsel provided Mr. Rodriguez-Porras with a copy of the brief, but
Mr. Rodriguez-Porras has filed no response with this court. We have jurisdiction
under 28 U.S.C. § 1291.
Counsel’s Anders brief fully and accurately addresses the issues, and we
agree with counsel that there are no meritorious issues for appeal.
We GRANT counsel’s motion to withdraw and DISMISS the appeal.
ENTERED FOR THE COURT
Harris L Hartz
Circuit Judge
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