United States v. Sebastian Barrientos-Velez

FILED NOT FOR PUBLICATION JUL 21 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 08-10569

Plaintiff - Appellee, D.C. No. 2:08-cr-00657-NVW v.

MEMORANDUM * SEBASTIAN BARRIENTOS-VELEZ,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding Submitted June 29, 2010 **

Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

Sebastian Barrientos-Velez appeals from his guilty-plea conviction and 51- month sentence imposed for illegal reentry, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Barrientos-Velez’s counsel

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Appellant has filed a pro se brief. No 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. Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 08-10569