United States v. Norberto Pineda-Ortuno

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 11-10262 ELEVENTH CIRCUIT
Non-Argument Calendar AUGUST 11, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:10-cr-00165-CG-N-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NORBERTO PINEDA-ORTUNO,
Defendant-Appellant.
________________________
No. 11-10264
Non-Argument Calendar
________________________
D.C. Docket No. 1:10-cr-00199-CG-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NORBERTO PINEDA-ORTUNO,
a.k.a. Norberto Pineda-Ortuna,
Defendant-Appellant.
________________________
Appeals from the United States District Court
for the Southern District of Alabama
________________________
(August 11, 2011)
Before HULL , MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:
Two of Norberto Pineda-Ortuno’s cases have been consolidated on
appeal—his conviction for illegal reentry into the United States and revocation of
his term of supervised release for a previous illegal reentry. Elsie Mae Miller,
Pineda-Ortuno’s appointed counsel for both cases, in this direct criminal appeal,
has filed a motion to withdraw from further representation of the appellant,
because counsel believes that the appeal is without merit. Counsel has filed a brief
pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493(1967).
Our independent review of the record reveals that counsel’s assessment of
the relative merit of the appeal is correct. Because independent examination of the
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entire record reveals no arguably meritorious issues of merit, counsel’s motion to
withdraw is GRANTED, and Pineda-Ortuno’s conviction, revocation of
supervised release, and total sentence are AFFIRMED.
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