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

United States v. Gonzalez

United States v. Gonzalez
U.S. Court of Appeals for the Ninth Circuit · Decided November 6, 2008 · Hawkins, Rawlinson, Smith
299 F. App'x 732

United States v. Gonzalez

Opinion of the Court

MEMORANDUM **

Luis Enrique Gonzalez appeals from the district court’s determination, upon remand, that there was not a complete breakdown in communication between Gonzalez and trial counsel which prevented the presentation of an adequate defense at trial. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Gonzalez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant the opportunity to file a pro se supplemental brief. 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 arguable grounds for relief on direct appeal.

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

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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