Trujillo-Lopez

MEMORANDUM **

Gabriel Trujillo-Lopez appeals his conviction and sentence following a jury trial for being found in the United States after deportation, in violation of 8 U.S.C. § 1326 (a). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Trujillo-Lopez’s attorney has filed a motion to withdraw as counsel, and Trujillo-Lopez has filed a pro se supplemental brief. We conclude that there are no arguable issues for appeal.

Counsel identifies one potential issue for review: whether the trial court committed reversible error in denying Trujillo-Lopez’s motion to exclude evidence of his 1995 deportation under Fed.R.Evid. 403. We review the district court’s Rule 403 evidentiary rulings for abuse of discretion, see United States v. McInnis, 976 F.2d 1226, 1231 (9th Cir.1992), and find none.

*641 Evidence pertaining to the 1995 deportation was probative of Trujillo-Lopez’s alien status. In addition, the 1995 deportation provided the foundation for the 1998 removal, which was in turn an essential element of the offense. See United States v. Mendozar-Lopez, 481 U.S. 828 , 107 S.Ct. 2148 , 95 L.Ed.2d 772 (1987). Even assuming the evidence regarding the…