United States v. Aldo Alvarez

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 20 2022

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10265

Plaintiff-Appellee, D.C. No. 4:19-cr-00271-HSG-3 v.

MEMORANDUM* ALDO ALVAREZ,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California

Haywood S. Gilliam, Jr., District Judge, Presiding

Submitted July 12, 2022**

Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.

Aldo Alvarez appeals from the district court’s judgment and challenges his guilty-plea conviction and 12-month-and-1-day sentence for possession with intent to distribute and distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967),

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Alvarez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Alvarez 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 (1988), discloses no arguable grounds for relief on direct appeal. Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 21-10265