United States of America v. Everado Zavala-Ortiz

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).
DAT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EVERADO ZAVALA-ORTIZ,
Defendant - Appellant.
No. 08-50472
D.C. No. 2:07-cr-01410-FMC
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Florence-Marie Cooper, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Everado Zavala-Ortiz appeals from his jury-trial conviction and 30-month
sentence imposed for possessing contraband in prison, in violation of 18 U.S.C.
§ 1791(a)(2), (b)(3).
FILED
DEC 30 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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DAT/Research 08-50472 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Zavala-Ortiz’s
counsel has filed a brief stating there are no grounds for relief, along with 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.
We affirm, but remand to the district court for the limited purpose of
correcting the judgment to reflect that Zavala-Ortiz was convicted by jury trial,
rather than by guilty plea.
AFFIRMED; REMANDED TO CORRECT THE JUDGMENT.

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