United States of America v. Jesus Pineda-Picasso

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NOT FOR PUBLICATION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.
JESUS PINEDA-PICASSO,
Defendant - Appellant.
No. 10-10145
D.C. No. 2:10-cr-00020-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Jesus Pineda-Picasso appeals from his guilty-plea conviction and 33-month
sentence for reentry of removed alien, in violation of 8 U.S.C. § 1326. Pursuant to
Anders v. California, 386 U.S. 738 (1967), Pineda-Picasso’s counsel has filed a
brief stating there are no grounds for relief, along with a motion to withdraw as
FILED
JAN 24 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10145 2
counsel of record. We have provided the appellant with the opportunity to file a
pro se supplemental brief. Pineda-Picasso has submitted a supplemental brief, but
no 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 the appeal of the conviction 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.
The appeal of the conviction is DISMISSED, and the sentence is
AFFIRMED.

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