83 F. App'x 255

UNITED STATES of America, Plaintiff-Appellee, v. Luis HERNANDEZ-HERRERA, Defendant—Appellant.

No. 01-10660.

D.C. No. CR-01-00479-JMR.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 8, 2003.*

Decided Dec. 16, 2003.

Serra Marie Tsethlikai, USTU — Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Randolfo Lopez, Tucson, AZ, for Defendant-Appellant.

Before GOODWIN, WALLACE and TROTT, Circuit Judges.

MEMORANDUM**

Luis Hernandez-Herrera appeals the judgment of conviction and 46-month sen*256tence, imposed pursuant to his guilty plea for illegal reentry after removal, with an enhancement for a prior aggravated felony conviction, 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), Hernandez-Herrera’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Hernandez-Herrera has filed a pro se supplemental brief.

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 grounds for relief on direct appeal.

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

United States v. Hernandez-Herrera
83 F. App'x 255

Case Details

Name
United States v. Hernandez-Herrera
Decision Date
Dec 16, 2003
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83 F. App'x 255

Jurisdiction
United States

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