United States v. Ernesto Castillo-Heredia

Opinion

FILED NOT FOR PUBLICATION MAR 15 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 10-30058

Plaintiff - Appellee, D.C. No. 1:09-cr-00144-EJL

v. MEMORANDUM * ERNESTO CASTILLO-HEREDIA, a.k.a. Arm Abogado-Rivera, a.k.a. Armando Eduardo Abogado-Rivera, a.k.a. Heredia Ernesto Castillo, a.k.a. Jesus Garcia, a.k.a. Armando E. A. Rivera, a.k.a. Armando Eduardo Rivera, a.k.a. Armando Eduardo Rivera-Abogado,

Defendant - Appellant.

Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding

Submitted March 8, 2011 **

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

* 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). Ernesto Castillo-Heredia appeals from his guilty-plea conviction and 78-

month sentence for illegal reentry in violation of 8 U.S.C. § 1326(a). Pursuant to

Anders v. California, 386 U.S. 738 (1967), Castillo-Heredia’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 have

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.

2 10-30058