United States v. Villareal

419 F. App'x 716

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 8, 2011
• Docket: No. 09-10370
• Status: Published

Opinion

MEMORANDUM

**

George Villareal appeals from the district court’s order granting in part and denying in part his motion to be sentenced pursuant to 18 U.S.C. § 8553(a) and declare the mandatory minimum sentence in 18 U.S.C. § 3559(f) unconstitutional. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Villareal’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 with 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.

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

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