FILED

NOT FOR PUBLICATION OCT 27 2011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. 10-10479

Plaintiff - Appellee, D.C. No. 2:09-cr-01432-NVW v.

MEMORANDUM * MARIO SAUL ALVARADO, a.k.a. Daniel Pineda,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Neil V. Wake, District Judge, Presiding

Submitted October 25, 2011 ** Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.

Mario Saul Alvarado appeals from his guilty-plea conviction and 57-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Alvarado’s counsel has filed a brief

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Alvarado 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. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 10-10479