Valdez-Rodriguez

United States v. Valdez-Rodriguez

Good Law
109 F. App'x 961
United States Court of Appeals for the Ninth CircuitSeptember 27, 2004No. 03-10698; D.C. No. CR-03-01121-CKJCalifornia162 words

Lead Opinion

MEMORANDUM **

Manuel Valdez-Rodriguez appeals his guilty-plea conviction and 40-month sen *962 tence 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), Valdez-Rodriguez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.

Our examination of the brief and independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), disclose no grounds for relief on direct appeal.

Accordingly, counsel’s motion to withdraw is GRANTED and the district court’s judgment is AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the *962 courts of this circuit except as provided by Ninth Circuit Rule 36-3.