United States of America v. Eduardo Morales-Arce

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NOT FOR PUBLICATION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.
EDUARDO MORALES-ARCE,
Defendant - Appellant.
No. 09-10485
D.C. No. 2:09-cr-01181-ROS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, District Judge, Presiding
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Eduardo Morales-Arce appeals from his guilty-plea conviction and 30-
month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326(a).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Morales-Arce’s counsel has
filed a brief stating there are no grounds for relief, along with a motion to withdraw
FILED
JAN 24 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-10485 2
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.

-- 2 of 2 --