United States v. Luna

163 F. App'x 573

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 18, 2006
• Docket: No. 04-50089
• Status: Published

Opinion

MEMORANDUM

**

Jose Alberto Luna appeals from his jury-trial conviction and sentence for sale of counterfeit currency, in violation of 18 U.S.C. § 472.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Luna has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Luna has not filed a pro se supplemental brief.

We have conducted an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988). We affirm the conviction. We remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc).

Counsel’s motion to withdraw as counsel on appeal is denied.

The conviction is AFFIRMED, and the sentence is REMANDED.

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