Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Central District of California, Virginia A. Phillips, District Judge, Presiding. D.C. No. CR-02-00068-VAP.
Ronald L. Cheng, Esq., Thomas E. Loeser, Esq., USLA--Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.
James H. Locklin, FPD, FPDCA--Federal Public Defender's Office (Los Angeles), Los Angeles, CA, for Defendant-Appellant.
Before: KOZINSKI, SILVERMAN and TALLMAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Victor Hernandez-Gomez appeals his guilty-plea conviction and 57-month sentence for being an illegal alien found in the United States after having been deported subsequent to an 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-Gomez's counsel has filed a brief stating that he finds no meritorious issues for review, along with a motion to withdraw as counsel of record. 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 grounds for relief on direct appeal.
Accordingly, counsel's motion to withdraw is GRANTED and the district court's judgment is AFFIRMED.