United States of America v. Jose Alvaro Aguilera-Mendoza, a.k.a. Jose Alvarado Aguilera-Mendoza

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSE ALVARO AGUILERA-MENDOZA,
a.k.a. Jose Alvarado Aguilera-Mendoza,
Defendant-Appellant.
No. 16-10279
D.C. No. 2:05-cr-00314-FJM
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, District Judge, Presiding
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Jose Alvaro Aguilera-Mendoza appeals from the district court’s order
denying his 18 U.S.C. § 3582(c)(2) motion for a sentence reduction. Pursuant to
Anders v. California, 386 U.S. 738 (1967), Aguilera-Mendoza’s counsel has filed a
brief stating that there are no grounds for relief, along with a motion to withdraw
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 14 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 16-10279
as counsel of record. We have provided Aguilera-Mendoza 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. Aguilera-Mendoza’s pro se
motion for appointment of new counsel is DENIED.
AFFIRMED.

-- 2 of 2 --