U.S. Court of Appeals for the Ninth Circuit, 2008

United States v. Ochoa-Garcia

United States v. Ochoa-Garcia
U.S. Court of Appeals for the Ninth Circuit · Decided October 27, 2008
297 F. App'x 657

United States v. Ochoa-Garcia

Opinion of the Court

MEMORANDUM **

Mario Ochoa-Garcia appeals from his jury-trial conviction and time-served sentence for being a deported alien found in the United States, 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), Ochoa-Gareia’s counsel has filed a brief stating there are no grounds for re*658lief, along with a motion to withdraw as counsel of record. No other briefs have 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 arguable 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 is not precedent except as provided by 9th Cir. R. 36-3.

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