United States v. Jose Rodriguez-Alvarez

FILED
UNITED STATES COURT OF APPEALS MAR 14 2012
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U.S . CO U RT OF AP PE A LS
UNITED STATES OF AMERICA, No. 11-10009
Plaintiff - Appellee, D.C. No. 2:10-cr-00883-SRB-1
District of Arizona,
v. Phoenix
JOSE MANUEL RODRIGUEZ-
ALVAREZ, ORDER
Defendant - Appellant.
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Plaintiff's motion to amend the memorandum disposition is granted.
The memorandum disposition filed on March 5, 2012 is withdrawn. A
replacement memorandum disposition will be filed concurrently with this order.
FILED
NOT FOR PUBLICATION MAR 14 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10009
Plaintiff - Appellee, D.C. No. 2:10-cr-00883-SRB-1
v.
MEMORANDUM *
JOSE MANUEL RODRIGUEZ-
ALVAREZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Susan R. Bolton, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Jose Manuel Rodriguez-Alvarez appeals from his guilty-plea conviction and
30-month sentence imposed for re-entry of a removed alien, in violation of 8
U.S.C. y 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rodriguez-
*
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).
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 Rodriguez-
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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel's motion to withdraw is GRANTED.
AFFIRMED.
2 11-10009