95 F. App'x 227

UNITED STATES of America, Plaintiff-Appellee, v. Jose OCHOA-TORRES, Defendant-Appellant.

No. 02-50288.

D.C. No. CR-01-02891-1-JML.

Submitted April 12, 2004.*

Decided April 15, 2004.

Esther O. Lemus, USSD, San Diego, CA, for Plaintiff-Appellee.

Gordon S. Brownell, St. Helen, CA, for Defendant-Appellant.

Before HALL, O’SCANNLAIN and RYMER, Circuit Judges.

MEMORANDUM**

Jose Ochoa-Torres appeals his guilty-plea conviction and 46-month sentence for being a deported alien found in the United States, 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), counsel for Ochoa-Torres has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Ochoa-Torres has not filed a *228pro se supplemental brief, and the government has not filed an answering brief.

Our 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), discloses no grounds for relief. Counsel’s motion to withdraw is GRANTED and the district court’s judgment is AFFIRMED.

United States v. Ochoa-Torres
95 F. App'x 227

Case Details

Name
United States v. Ochoa-Torres
Decision Date
Apr 15, 2004
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95 F. App'x 227

Jurisdiction
United States

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