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

United States v. Hernandez-Miramontes

United States v. Hernandez-Miramontes
U.S. Court of Appeals for the Ninth Circuit · Decided August 19, 2004 · Callahan, Rawlinson, Schroeder
107 F. App'x 146

United States v. Hernandez-Miramontes

Opinion of the Court

MEMORANDUM **

Apolinar Montez Hernandez-Miramontes appeals his guilty-plea conviction and 63-month sentence for distributing methamphetamine, in violation of 21 U.S.C. § 841. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Hernandez-Miramontes’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Appellant has filed a pro se supplemental brief.

Our examination of the briefs and 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), disclose 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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