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United States v. Alvarado

Citation: 455 F. App'x 765Docket: No. 10-10479

Court: Court of Appeals for the Ninth Circuit; October 27, 2011; Federal Appellate Court

Narrative Opinion Summary

Mario Saul Alvarado appeals his guilty plea conviction and 57-month sentence for reentry of a removed alien under 8 U.S.C. § 1326. His counsel filed an Anders brief indicating no grounds for relief and requested to withdraw as counsel. Alvarado was given the chance to submit a pro se brief but did not do so. An independent review of the record revealed no arguable grounds for relief on direct appeal. The appeal is dismissed due to a valid appeal waiver, and the motion for counsel to withdraw is granted. The disposition is not intended for publication and does not set a precedent except as noted in 9th Cir. R. 36-3.

Legal Issues Addressed

Anders Brief and Counsel Withdrawal

Application: The counsel filed an Anders brief, indicating no grounds for relief, and requested to withdraw, which is a procedural step when an attorney believes an appeal lacks merit.

Reasoning: His counsel filed an Anders brief indicating no grounds for relief and requested to withdraw as counsel.

Guilty Plea Conviction under 8 U.S.C. § 1326

Application: The case involves an appeal from a guilty plea conviction for reentry of a removed alien, highlighting the legal considerations for such offenses.

Reasoning: Mario Saul Alvarado appeals his guilty plea conviction and 57-month sentence for reentry of a removed alien under 8 U.S.C. § 1326.

Independent Review and Appeal Dismissal

Application: An independent review of the record revealed no arguable grounds for relief, leading to the dismissal of the appeal based on a valid appeal waiver.

Reasoning: An independent review of the record revealed no arguable grounds for relief on direct appeal. The appeal is dismissed due to a valid appeal waiver.

Non-precedential Disposition

Application: The decision in this case is not intended to be published and does not set a precedent, except as provided by specific circuit rules.

Reasoning: The disposition is not intended for publication and does not set a precedent except as noted in 9th Cir. R. 36-3.

Pro Se Brief Submission Opportunity

Application: The appellant was given an opportunity to submit a pro se brief, which he did not utilize, impacting the appeal process.

Reasoning: Alvarado was given the chance to submit a pro se brief but did not do so.