United States v. Victor Huerta-Martinez

FILED
NOT FOR PUBLICATION SEP 28 2010
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. 08-10242
Plaintiff - Appellee, D.C. No. 4:06-cr-00530-CKJ-GEE
v.
MEMORANDUM *
VICTOR HUERTA-MARTINEZ, AKA
Jose Manzo-Lopez,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Victor Huerta-Martinez appeals from his guilty-plea conviction and 77-
month sentence for illegal reentry after deportation, in violation of 8 U.S.C.
§ 1326.
*
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).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Huerta-Martinez’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 the appellant 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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.
2 08-10242