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United States of America v. Eduardo Morales-Arce

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 24, 2011

UNITED STATES OF AMERICA, PLAINTIFF - APPELLEE,
v.
EDUARDO MORALES-ARCE, DEFENDANT - APPELLANT.

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding D.C. No. 2:09-cr-01181-ROS

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

Submitted January 10, 2011*fn2

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Eduardo Morales-Arce appeals from his guilty-plea conviction and 30-month sentence for re-entry 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 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.


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