United States v. Bocanegra

U.S. Court of Appeals for the Ninth Circuit December 16, 2003

United States v. Bocanegra, 83 F. App'x 242 (9th Cir. 2003)

Opinion of the Court

MEMORANDUM**

Daniel Bocanegra appeals the judgment and 57-month sentence, imposed pursuant to his guilty plea for being a previously deported alien found in the United States, *243in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Bocane-gra’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no grounds for relief on direct appeal.

Accordingly, counsel’s motion to withdraw is GRANTED and the district court’s judgment is 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.

Reference

Full Case Name: UNITED STATES of America, Plaintiff—Appellee v. Daniel BOCANEGRA, aka Luis Martinez, aka Rafael Olivarez, aka Ceasar Oliva Flores, aka Daniel Boncanegra, Defendant—Appellant
Status: Published