United States v. Medina Perez

MEMORANDUM **

Victor Medina Perez appeals his guilty-plea conviction and 70-month sentence for being an illegal alien found in the United States following 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), counsel for Medina-Perez has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Medina-Perez has not filed a pro se supplemental 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. Counsel’s motion for leave to withdraw the Anders brief and file a new opening brief is DENIED. The district court’s judgment is AFFIRMED.

The mandate is stayed pending the United States Supreme Court’s decisions in United States v. Booker, No. 04-104, 2004 WL 2331491 (U.S.2004), and United States v. Fanfan, No. 04-105.

This disposition is not appropriate for publication and may not be cited to or by the *932 courts of this circuit except as provided by Ninth Circuit Rule 36-3.