United States of America v. Mario Saul Alvarado, a.k.a. Daniel Pineda

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NOT FOR PUBLICATION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 SAUL ALVARADO, a.k.a.
Daniel Pineda,
Defendant - Appellant.
No. 10-10479
D.C. No. 2:09-cr-01432-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Mario Saul Alvarado appeals from his guilty-plea conviction and 57-month
sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant
to Anders v. California, 386 U.S. 738 (1967), Alvarado’s counsel has filed a brief
FILED
OCT 27 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10479 2
stating that there are no grounds for relief, along with a motion to withdraw as
counsel of record. We have provided Alvarado 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. We
dismiss 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.
DISMISSED.

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