United States v. Nunez-Betancourt

U.S. Court of Appeals for the Ninth Circuit December 4, 2002

United States v. Nunez-Betancourt, 51 F. App'x 765 (9th Cir. 2002)

Opinion of the Court

MEMORANDUM *

Joel Nunez-Betancourt appeals his conviction, pursuant to a guilty plea, and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326.

Nunez-Betancourt’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has moved to withdraw as counsel of record. Nunez-Betancourt did not file a pro se supplemental brief. Because our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), reveals no arguable issues, we grant counsel’s motion to withdraw, and affirm the conviction and sentence.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

Reference

Full Case Name: UNITED STATES of America, Plaintiff—Appellee v. Joel NUNEZ-BETANCOURT, aka Tomas Avilar-Serrano aka Jose Hernandez Diaz aka Joel Betancourt Nunez, Defendant—Appellant
Status: Published