United States v. Norberto Pineda-Ortuno

U.S. Court of Appeals for the Eleventh Circuit

United States v. Norberto Pineda-Ortuno

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________ FILED

U.S. COURT OF APPEALS

No. 11-10262 ELEVENTH CIRCUIT

Non-Argument Calendar AUGUST 11, 2011

________________________ JOHN LEY

CLERK

D.C. Docket No. 1:10-cr-00165-CG-N-1 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus NORBERTO PINEDA-ORTUNO,

Defendant-Appellant.

________________________

No. 11-10264

Non-Argument Calendar

________________________

D.C. Docket No. 1:10-cr-00199-CG-1 UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus NORBERTO PINEDA-ORTUNO, a.k.a. Norberto Pineda-Ortuna,

Defendant-Appellant.

________________________

Appeals from the United States District Court

for the Southern District of Alabama

________________________

(August 11, 2011) Before HULL , MARTIN and ANDERSON, Circuit Judges. PER CURIAM:

Two of Norberto Pineda-Ortuno’s cases have been consolidated on appeal—his conviction for illegal reentry into the United States and revocation of his term of supervised release for a previous illegal reentry. Elsie Mae Miller, Pineda-Ortuno’s appointed counsel for both cases, in this direct criminal appeal, has filed a motion to withdraw from further representation of the appellant, because counsel believes that the appeal is without merit. Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Our independent review of the record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the

2 entire record reveals no arguably meritorious issues of merit, counsel’s motion to withdraw is GRANTED, and Pineda-Ortuno’s conviction, revocation of supervised release, and total sentence are AFFIRMED.

3

Reference

Status
Unpublished