163 F. App'x 573

UNITED STATES of America, Plaintiff—Appellee, v. Jose Alberto LUNA, Defendant—Appellant.

No. 04-50089.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 9, 2006.*

Decided Jan. 18, 2006.

Anne K. Perry, USSD-Office of the U.S. Attorney, San Diego, CA, for PlaintiffAppellee.

Benjamin Sanchez, Jr., Esq., Chula Vista, CA, for Defendani>-Appellant.

Before: HUG, O’SCANNLAIN and SILVERMAN, Circuit Judges.

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.

United States v. Luna
163 F. App'x 573

Case Details

Name
United States v. Luna
Decision Date
Jan 18, 2006
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163 F. App'x 573

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United States

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