United States v. Servin-Acosta

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Roberto SERVIN-ACOSTA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 22, 2004

111 F. App'x 921 (9th Cir. 2004)

Opinion

111 Fed.Appx. 921 (9th Cir. 2004) UNITED STATES of America, Plaintiff-Appellee, v. Roberto SERVIN-ACOSTA, Defendant-Appellant. No. 03-10164. United States Court of Appeals, Ninth Circuit. October 22, 2004

Submitted Oct. 14, 2004. ^*

* 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NOT FOR PUBLICATION.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 Eastern District of California, Oliver W. Wanger, District Judge, Presiding. D.C. No. CR-02-05275-OWW.

Before: KLEINFELD, TASHIMA, and GOULD, Circuit Judges.

MEMORANDUM ^**

** 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.

Roberto Servin-Acosta appeals his jury trial conviction and 57-month sentence for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Servin-Acosta has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Servin-Acosta has not filed a pro se supplemental brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no grounds for relief. We therefore GRANT counsel's motion to withdraw and AFFIRM the district court's judgment.

AFFIRMED.