United States v. Peralta-Flores

109 F. App'x 962

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 27, 2004
• Docket: No. 03-50597; D.C. No. CR-03-00671-NMM
• Status: Published

Opinion

MEMORANDUM

**

Jorge Peralta-Flores appeals his guilty-plea conviction and 70-month sentence for being a deported alien found in the United States, 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), Peralta-Flores’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.

Our examination of the brief and 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), disclose no grounds for relief on direct appeal.

Accordingly, counsel’s motion to withdraw is GRANTED and the district court’s judgment is AFFIRMED.¹

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.

1 . All pending motions are DENIED.