U.S. Court of Appeals for the Ninth Circuit, 2009

United States v. Garcia-Perez

United States v. Garcia-Perez
U.S. Court of Appeals for the Ninth Circuit · Decided December 16, 2009 · Alarcón, Tashima, Trott
357 F. App'x 952

United States v. Garcia-Perez

Opinion of the Court

MEMORANDUM **

Rodolfo Garcia-Perez appeals from his *953guilty-plea conviction and 87-month sentence imposed for being an alien found in the United States following deportation in violation of 8 U.S.C. § 1826.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Garcia-Perez’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 with 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 judgment is AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

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