299 F. App'x 732

UNITED STATES of America, Plaintiff—Appellee, v. Luis Enrique GONZALEZ, Defendant—Appellant.

No. 07-10232.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 28, 2008.*

Filed Nov. 6, 2008.

Jerry R. Albert, Esq., USTU — Office of the U.S. Attorney Evo A. Deconcini U.S. Courthouse, Tucson, AZ, for Plaintiff-Appellee.

Myrna Rodriguez Beards, Esq., Tucson, AZ, for Defendant-Appellant.

Before: HAWKINS, RAWLINSON and M. SMITH, Circuit Judges.

MEMORANDUM **

Luis Enrique Gonzalez appeals from the district court’s determination, upon remand, that there was not a complete breakdown in communication between Gonzalez and trial counsel which prevented the presentation of an adequate defense at trial. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Gonzalez’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 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 determination is AFFIRMED.

United States v. Gonzalez
299 F. App'x 732

Case Details

Name
United States v. Gonzalez
Decision Date
Nov 6, 2008
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299 F. App'x 732

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United States

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