United States v. Martin Hernandez-Olguin

FILED NOT FOR PUBLICATION APR 01 2010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. 08-10350

Plaintiff - Appellee, D.C. No. 4:06-cr-01610-FRZ v.

MEMORANDUM * MARTIN HERNANDEZ-OLGUIN, AKA Alvaro Martin Hernandez- Fuentes, AKA Martin Hernandez-Olquin,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Frank R. Zapata, District Judge, Presiding Submitted March 16, 2010 **

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Martin Hernandez-Olguin appeals from his guilty-plea conviction and 66- month sentence for illegal reentry after deportation, in violation of 8 U.S.C. 1326.

*

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

Pursuant to Anders v. California, 386 U.S. 738 (1967), Hernandez-Olguin’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 (1988), discloses no arguable grounds for relief on direct appeal. Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

SR/Research 2 08-10350