398 F. App'x 303

UNITED STATES of America, Plaintiff—Appellee, v. Mario OCHOA-LOPEZ, Defendant—Appellant.

No. 09-50528.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 13, 2010.*

Filed Oct. 6, 2010.

Rebecca Suzanne Ranter, Assistant U.S., Southern District of California, San Diego, CA, for Plaintiff-Appellee.

Kathryn Thickstun Leff, Law Offices of Kathryn Thickstun Leff, San Diego, CA, for Defendant-Appellant.

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

MEMORANDUM **

Mario Ochoa-Lopez appeals from the 46-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, 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), Ochoa-Lopez’s counsel has filed a brief stating there are no grounds for re*304lief, 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. 846, 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.

United States v. Ochoa-Lopez
398 F. App'x 303

Case Details

Name
United States v. Ochoa-Lopez
Decision Date
Oct 6, 2010
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398 F. App'x 303

Jurisdiction
United States

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