United States v. Adrian Cortez-Estrada

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 26 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 10-50143
Plaintiff - Appellee, D.C. No. 3:09-cr-02128-WQH
v.
MEMORANDUM *
ADRIAN CORTEZ-ESTRADA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Adrian Cortez-Estrada appeals from his guilty-plea conviction and 63-month
sentence for being a deported alien found in the United States, in violation of
8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Cortez-
Estrada’s counsel has filed a brief stating there are no grounds for relief, along with
*
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).
a motion to withdraw as counsel of record. We have provided the appellant with
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 10-50143