United States v. Everado Zavala-Ortiz

U.S. Court of Appeals for the Ninth Circuit
United States v. Everado Zavala-Ortiz, 360 F. App'x 895 (9th Cir. 2009)
Goodwin, Wallace, Fisher

United States v. Everado Zavala-Ortiz

Opinion

MEMORANDUM **

Everado Zavala-Ortiz appeals from his jury-trial conviction and 30-month sentence imposed for possessing contraband in prison, in violation of 18 U.S.C. § 1791(a)(2), (b)(3).

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Zavala-Ortiz’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 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

Accordingly, counsel’s motion to withdraw is GRANTED.

We affirm, but remand to the district court for the limited purpose of correcting the judgment to reflect that Zavala-Ortiz was convicted by jury trial, rather than by guilty plea.

AFFIRMED; REMANDED TO CORRECT THE JUDGMENT.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Everado ZAVALA-ORTIZ, Defendant-Appellant
Status
Unpublished