United States v. Servin-Acosta

111 F. App'x 921

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 22, 2004
• Docket: No. 03-10164
• Status: Published

Opinion

MEMORANDUM

**

Roberto Servin-Acosta appeals his jury trial conviction and 57-month sentence for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Servin-Acosta has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Servin-Acosta has not filed a pro se supplemental brief.

Our 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), discloses no grounds for relief. We therefore GRANT counsel’s motion to withdraw and AFFIRM the district court’s judgment.

AFFIRMED.

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.