United States of America v. Luis Alvarez-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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUIS ALVAREZ-RODRIGUEZ,
Defendant - Appellant.
No. 11-50530
D.C. No. 3:10-cr-04514-WQH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted April 16, 2013**
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Luis Alvarez-Rodriguez appeals from the district court’s judgment and
challenges his jury-trial conviction and 70-month sentence for attempted entry
after deportation, in violation of 8 U.S.C. § 1326; and making a false claim to
United States citizenship, in violation of 18 U.S.C. § 911. Pursuant to Anders v.
FILED
APR 23 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50530 2
California, 386 U.S. 738 (1967), Alvarez-Rodriguez’s counsel has filed a brief
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. We have provided Alvarez-Rodriguez 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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