Pacheco-Canto

MEMORANDUM **

Cesar Armando Pacheco-Canto appeals his guilty plea conviction and 77-month sentence imposed for being an illegal alien found in the United States following deportation, 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), Pacheco-Canto’s counsel has filed a brief stating that there are no arguable issues for review, and a motion to withdraw as counsel of record. Pacheco-Canto has not filed a pro se supplemental brief.

Counsel has identified and correctly rejected as potential issues for appeal the following: (1) whether the district court failed to comply with Fed.R.Crim.P. 11 requirements; (2) whether counsel was ineffective for advising Pacheco-Canto to plead guilty; (3) whether Pacheco-Canto’s sentence violated Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because it was enhanced by his prior aggravated felony conviction; and (4) whether the district court’s failure to depart for alleged sentencing disparities in § 1326 cases violated due process. The record indicates these claims are meritless.

Having conducted an independent review of the record pursuant to…