U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Castanon-Espitia

United States v. Castanon-Espitia
U.S. Court of Appeals for the Ninth Circuit · Decided March 4, 2010 · Fernandez, Gould, Smith
369 F. App'x 809

United States v. Castanon-Espitia

Opinion of the Court

MEMORANDUM **

Rafael Castanon-Espitia appeals from his guilty-plea conviction and 57-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Casta-non-Espitia’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.

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

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