United States v. Garcia-Perez

Court: Court of Appeals for the Ninth Circuit
Date filed: 2009-12-16
Citations: 357 F. App'x 952
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Lead Opinion

MEMORANDUM **

Rodolfo Garcia-Perez appeals from his

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guilty-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).