United States v. Jose Vargas-Frias

Good Law
603 F. App'x 626
United States Court of Appeals for the Ninth CircuitMay 18, 201513-10347California214 words

Opinion

Opinion

MEMORANDUM

Jose Guadalupe Vargas-Frias appeals from the district court’s judgment and challenges the 58-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), Vargas-Frias’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Vargas-Frias has filed a pro se supplemental opening brief, the government has filed an answering brief, and Vargas-Frias has filed a pro se reply brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal. We decline to consider Vargas-Frias’s claim of ineffective assistance of counsel on direct appeal because the record is insufficiently developed to evaluate that claim, and Vargas-Frias’s legal representation was not so inadequate as to obviously deny his right to counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir.2011).

Counsel’s motion to withdraw is…

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