United States v. Juan Reyes-Castaneda

Good Law
515 F. App'x 704
United States Court of Appeals for the Ninth CircuitApril 22, 201309-30263California208 words

Opinion

Opinion

MEMORANDUM

Juan Reyes-Castaneda appeals from the district court’s judgment and challenges his guilty-plea conviction and 29-month and 1-week sentence for two counts of unlawful entry by eluding examination and inspection by immigration officers, in violation of 8 U.S.C. § 1325 (a)(2). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Reyes-Castaneda’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Reyes-Castaneda the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief as to Reyes-Castaneda’s conviction. We accordingly affirm Reyes-Castaneda’s conviction.

Because Reyes-Castaneda completed his sentence during the pendency of this appeal, we dismiss Reyes-Castaneda’s challenge to his sentence as moot. See United States v. Tapia-Marquez, 361 F.3d 535, 537 (9th Cir.2004).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in…

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