United States of America v. Fiorindo Cortesi

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NOT FOR PUBLICATION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.
FIORINDO CORTESI,
Defendant - Appellant.
No. 08-10546
D.C. No. 1:08-cr-00272-OWW
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Fiorindo Cortesi appeals from his bench trial conviction and sentence for
interference with agency function, in violation of 36 C.F.R. § 2.32(a)(1).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Cortesi’s counsel has
filed a brief stating there are no grounds for relief, along with a motion to withdraw
FILED
AUG 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-10546 2
as counsel of record. By order filed October 5, 2009, we have provided Cortesi the
opportunity to file a pro se supplemental brief. Counsel advises that he has been
unable to locate Cortesi or serve him with this court’s order. 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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.

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