Opinion
No. 11-10078 D.C. No. 1:10-cr-00309-LJO
12-23-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANCISCO JAVIER ANDRADE- ALVARADO, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O'Neill, District Judge, Presiding
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Francisco Javier Andrade-Alvarado appeals from the 84-month sentence imposed following his guilty-plea conviction 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 (1967), Andrade-Alvarado's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record.
Andrade-Alvarado filed a pro se supplemental brief, contending that the district court erred in failing to grant him a one-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(b). The government filed an answering brief contending that the district court did not err because the government did not move for an additional one-level reduction and Andrade-Alvarado did not show improper motive or arbitrariness.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief as to the defendant's conviction.
Counsel's motion to withdraw is GRANTED.
AFFIRMED.