United States v. Chavez-Hernandez

332 F. App'x 441

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 9, 2009
• Docket: No. 07-30058
• Status: Published

Opinion

MEMORANDUM

**

Enrique Chavez-Hernandez appeals from the 117-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Chavez-Hernandez’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant 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, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

We have received and reviewed counsel’s response, filed on June 5, 2009, to the order to show cause filed on May 6, 2009. The order to show cause is discharged. Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is is AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.