USA v. Norberto Pineda-Ortuno

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 11, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-10262
Non-Argument Calendar
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D.C. Docket No. 1:10-cr-00165-CG-N-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NORBERTO PINEDA-ORTUNO,
Defendant-Appellant.
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No. 11-10264
Non-Argument Calendar
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D.C. Docket No. 1:10-cr-00199-CG-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus

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NORBERTO PINEDA-ORTUNO,
a.k.a. Norberto Pineda-Ortuna,
Defendant-Appellant.
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Appeals from the United States District Court
for the Southern District of Alabama
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(August 11, 2011)
Before HULL , MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:
Two of Norberto Pineda-Ortuno’s cases have been consolidated on
appeal—his conviction for illegal reentry into the United States and revocation of
his term of supervised release for a previous illegal reentry. Elsie Mae Miller,
Pineda-Ortuno’s appointed counsel for both cases, in this direct criminal appeal,
has filed a motion to withdraw from further representation of the appellant,
because counsel believes that the appeal is without merit. Counsel has filed a brief
pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493
(1967).
Our independent review of the record reveals that counsel’s assessment of
the relative merit of the appeal is correct. Because independent examination of the
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entire record reveals no arguably meritorious issues of merit, counsel’s motion to
withdraw is GRANTED, and Pineda-Ortuno’s conviction, revocation of
supervised release, and total sentence are AFFIRMED.
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