United States of America v. Roberto Cortez

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NOT FOR PUBLICATION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.
ROBERTO CORTEZ,
Defendant - Appellant.
No. 11-50066
D.C. No. 3:10-cr-03644-WQH-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Roberto Cortez appeals his conviction by guilty plea and sentence for being
a deported alien found in the United States in violation of 8 U.S.C. § 1326.
FILED
DEC 21 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50066 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Cortez’s counsel has
filed a brief stating that there are no grounds for relief, along with a motion to
withdraw as counsel of record. We have provided Cortez the opportunity to file a
pro se supplemental brief. No pro se supplemental 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.
Counsel’s motion to withdraw is granted.
AFFIRMED.

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