United States v. Francisco Andrade-Alvarado

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…