Talancon

United States v. Talancon

Good Law
95 F. App'x 229
United States Court of Appeals for the Ninth CircuitApril 15, 2004No. 03-10384; D.C. No. CR-03-05032-1-OWWCalifornia172 words

Lead Opinion

MEMORANDUM **

Jose Antonio appeals his guilty-plea conviction and 51-month sentence 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), counsel for Talancon has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Talancon has not filed a pro se supplemental brief, and the government has not filed an answering brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no grounds for relief. Counsel’s motion to withdraw is GRANTED and the district court’s judgment is AFFIRMED. 1

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.

. To the extent Talancon seeks substitute counsel, his request is denied as unnecessary.