Pitones-Rodriguez

MEMORANDUM **

Elíseo Pitones-Rodríguez appeals his conviction and thirty-month sentence following a guilty-plea conviction for one count of illegal re-entry after deportation in violation of 8 U.S.C. § 1326 (a) with an enhancement pursuant to 8 U.S.C. § 1326 (b)(2).

Pitones-Rodriguez’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), and has moved to withdraw as counsel of record on the ground that he failed to discover any arguable issues on appeal. Pitones-Rodriguez filed a pro se supplemental brief. 1 On July 24, 2003 the *136 government filed notice that no response to the opining and supplemental brief would be filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable issues. 2 We therefore GRANT counsel’s motion to withdraw and AFFIRM the district court’s judgment.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. The Clerk is instructed to file appellant’s "Application for Certificate of…