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

United States v. Francisco Andrade-Alvarado

United States v. Francisco Andrade-Alvarado
U.S. Court of Appeals for the Ninth Circuit · Decided December 23, 2011 · Goodwin, Wallace, McKeown
463 F. App'x 672

United States v. Francisco Andrade-Alvarado

Opinion

MEMORANDUM **

Francisco Javier Andrade-Alvarado appeals from the 84-month sentence imposed following his guilty-plea conviction 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), Andrade-Alvarado’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record.

Andrade-Alvarado filed a pro se supplemental brief, contending that the district court erred in failing to grant him a one-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(b). The government filed an answering brief contending that the district court did not err because the government did not move for an additional one-level reduction and Andrade-Alvarado did not show improper motive or arbitrariness.

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 as to the defendant’s conviction.

Counsel’s motion to withdraw is GRANTED.

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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