U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Adolfo Montes-Castro

United States v. Adolfo Montes-Castro
U.S. Court of Appeals for the Ninth Circuit · Decided May 26, 2011 · Pregerson, Thomas, Paez
434 F. App'x 683

United States v. Adolfo Montes-Castro

Opinion

MEMORANDUM **

Adolfo Montes-Castro appeals from the 60-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, *684 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Montes-Castro’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. We have considered appellant’s pro se supplemental brief, the government’s motion to dismiss, and counsel’s motion to allow a pro se response to the government’s motion to dismiss.

We deny the government’s motion to dismiss. We also deny appellate counsel’s motion to allow a pro se response.

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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