United States v. Lucano Nunez-Correa

462 F. App'x 712

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 21, 2011
• Docket: 10-10377
• Status: Unpublished

Opinion

MEMORANDUM **

Lucano Nunez-Correa appeals from his guilty-plea conviction and the 51-month sentence for illegal re-entry after deportation, 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), Nunez-Correa’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Nunez-Correa filed a pro se supplemental brief, contending that the district court erred in applying a 16-level crime of violence enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii). The government has filed an answering brief.

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 dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

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