USA V. ALBERTO HERRERA-ARTEAGA, No. 16-10493 (9th Cir. 2017)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 2 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, U.S. COURT OF APPEALS Nos. 16-10493 16-10494 Plaintiff-Appellee, D.C. Nos. 2:11-cr-01154-RM 4:15-cr-01804-RM v. ALBERTO HERRERA-ARTEAGA, a.k.a. Alberto Herrera Arteaga, a.k.a. Juan A. RitaHerrera, a.k.a. Juan Alberto Rita-Herrera, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Rosemary Marquez, District Judge, Presiding Submitted September 26, 2017** Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges. In these consolidated appeals, Alberto Herrera-Arteaga appeals his guiltyplea conviction and 51-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326, and the revocation of supervised release and concurrent 18- * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). month sentence imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Herrera-Arteaga’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 Herrera-Arteaga 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 (1988), discloses no arguable grounds for relief on these direct appeals. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 16-10493 & 16-10494

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.