United States v. Pedro Martinez-Herrera

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NOT FOR PUBLICATION MAR 15 2011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. 09-10274

Plaintiff - Appellee, D.C. No. 2:09-cr-00275-NVW

v.

MEMORANDUM *

PEDRO MARTINEZ-HERRERA,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding

Submitted March 8, 2011 **

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

Pedro Martinez-Herrera appeals from his guilty-plea conviction and 63-

month sentence for illegal reentry after deportation, in violation of 8 U.S.C.

§ 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Martinez-Herrera’s

counsel has filed a brief stating there are no grounds for relief, along with a motion

* 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). to withdraw as counsel of record. We have…