United States v. Gerardo Garcia-Antonio ( 2011 )


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  •                                                                              FILED
    UNITED STATES COURT OF APPEALS                        APR 11 2011
    MOLLY C. DWYER, CLERK
    FOR THE NINTH CIRCUIT                         U .S. C O U R T OF APPE ALS
    UNITED STATES OF AMERICA,                         No. 09-10084
    Plaintiff - Appellee,               D.C. No. 2:08-CR-01208-MHM
    District of Arizona,
    v.                                              Phoenix
    GERARDO GARCIA-ANTONIO,
    ORDER
    Defendant - Appellant.
    Before:      B. FLETCHER, CLIFTON, and BEA, Circuit Judges
    Counsel for appellant has filed a brief stating that he finds no meritorious
    issues for review and a motion to withdraw as counsel of record pursuant to Anders
    v. California, 
    386 U.S. 738
     (1967). No pro se supplemental brief or answering
    brief has been filed.
    Our independent review of the record, see Penson v. Ohio, 
    488 U.S. 75
    , 83-
    84 (1988), discloses the following potentially arguable issue for direct appeal:
    Does Garcia-Antonio’s prior conviction under California Penal Code section
    288(c) qualify as a crime of violence warranting a sixteen-level increase under
    U.S.S.G. § 2L1.2(b)(1)(A)(ii)? See United States v. Castro, 
    607 F.3d 566
    , 567 (9th
    Cir. 2010), which was filed after briefing was completed.
    Counsel’s motion to withdraw is denied.
    The Anders brief filed December 21, 2009 is stricken. Counsel may brief
    any issues deemed appropriate, but in particular shall address the issue identified
    above. Appellant’s replacement opening brief and any supplement to the excerpts
    of record filed December 23, 2009 are due June 6, 2011; appellee’s brief is due
    July 6, 2011; the optional reply brief is due within 14 days after service of
    appellee’s brief.
    The clerk shall serve a copy of this order on appellant personally, as well as
    on appellee James Knapp, Assistant U.S. Attorney, U.S. Attorney’s Office, Two
    Renaissance Square, 40 N. Central Ave. Ste. 1200, Phoenix, Arizona 85004-4408.
    This panel does not retain jurisdiction over the appeal.
    2                                    09-10084
    

Document Info

Docket Number: 09-10084

Filed Date: 4/11/2011

Precedential Status: Non-Precedential

Modified Date: 4/17/2021