United States of America v. Ottoneil Tejada-Yanez

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OTTONEIL TEJADA-YANEZ,
Defendant - Appellant.
No. 10-10368
D.C. No. 2:10-cr-00293-GMS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Ottoniel Tejada-Yanez appeals from his guilty-plea conviction and
60-month sentence for re-entry of removed alien, in violation of 8 U.S.C. § 1326.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Tejada-Yanez’s counsel has
filed a brief stating there are no grounds for relief, along with a motion to withdraw
FILED
SEP 30 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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.
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is AFFIRMED.

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