United States of America v. Eloy Gutierrez-Barba

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NOT FOR PUBLICATION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.
ELOY GUTIERREZ-BARBA,
Defendant - Appellant.
No. 09-10287
D.C. No. 4:09-cr-00395-CKJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
Eloy Gutierrez-Barba appeals from his guilty-plea conviction and 43-month
sentence for attempted illegal re-entry after deportation, in violation of 8 U.S.C.
§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Gutierrez-Barba’s
counsel has filed a brief stating there are no grounds for relief, along with a motion
FILED
JUL 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-10287 2
to withdraw as counsel of record. We have provided the appellant with the
opportunity to file a pro se supplemental brief. We construe Gutierrez-Barba’s
letter, dated January 6, 2010, as a pro se supplemental brief. No answering brief
has been filed.
Gutierrez-Barba’s motion for appointment of counsel and “Petition for Order
Directing Attorney of Record to Surrender Defense Files” and the government’s
motion for summary affirmance are denied.
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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