U.S. Court of Appeals for the Ninth Circuit, 2004

United States v. Osterhuber

United States v. Osterhuber
U.S. Court of Appeals for the Ninth Circuit · Decided April 16, 2004
95 F. App'x 243

United States v. Osterhuber

Opinion of the Court

MEMORANDUM **

Alexander Osterhuber appeals the 24-month sentence resulting from his guilty-plea conviction for illegal reentry by a previously deported alien, in 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), Osterhuber’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.

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