Escarcega-Garcia
United States v. Escarcega-Garcia
Opinion
Lead Opinion
MEMORANDUM ** AND ORDER
Escarcega-Garcia appeals from his conviction and sentence for possession with intent to distribute more than one kilogram of a mixture or substance containing cocaine, in violation of 21 U.S.C. § 841 (a)(2) and 18 U.S.C. § 2 (a).
Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), counsel for Escarcega-Garcia has filed a brief that identifies those portions of the proceedings that might arguably support the appeal as well as a motion to withdraw as counsel of record, stating that there are no grounds for relief. Escarcega-Garcia has filed a pro se supplemental brief, and the government has responded.
We GRANT counsel’s motion to withdraw. We have made an 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). Issues which were raised by co-defendant Rios would not, if raised by Escarcega-Garcia, result in reversal for the reasons stated in our separate, accompanying unpublished disposi *240 tion in United States v. Rios, 202 Fed.Appx. 230 (9th Cir.2006).
Escarcega-Garcia contends that the district court abused its discretion by not severing defendants’…