United States v. Pedro Martinez-Herrera

FILED NOT FOR PUBLICATION MAR 15 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 09-10274 Plaintiff - Appellee, D.C. No. 2:09-cr-00275-NVW v. MEMORANDUM * PEDRO MARTINEZ-HERRERA, Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

Pedro Martinez-Herrera appeals from his guilty-plea conviction and 63- month sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Martinez-Herrera’s counsel has filed a brief stating there are no grounds for relief, along with a motion * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 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.

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