United States of America v. Fernando Alvarez-Apodaca

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable Gordon J. Quist, Senior United States District Judge**
for the Western District of Michigan, sitting by designation.
The panel unanimously concludes this case is suitable for decision***
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FERNANDO ALVAREZ-APODACA,
Defendant - Appellant.
No. 11-10103
D.C. No. 4:10-cr-00715-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Gordon J. Quist, District Judge, Presiding**
Submitted September 10, 2012***
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Fernando Alvarez-Apodaca appeals from his guilty-plea conviction and
63-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326.
FILED
SEP 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10103 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Alvarez-Apodaca’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 Alvarez-Apodaca 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 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.

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