United States of America v. Mario Ochoa-Lopez

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NOT FOR PUBLICATION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.
MARIO OCHOA-LOPEZ,
Defendant - Appellant.
No. 09-50528
D.C. No. 3:08-cr-02030-L
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
M. James Lorenz, Senior District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Mario Ochoa-Lopez appeals from the 46-month sentence imposed following
his guilty-plea conviction for attempted entry after deportation, in violation of 8
U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Ochoa-
Lopez’s counsel has filed a brief stating there are no grounds for relief, along with
FILED
OCT 06 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50528 2
a motion to withdraw 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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.

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