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United States v. Herrera

United States Court of Appeals, Ninth Circuit
Dec 15, 2003
83 F. App'x 923 (9th Cir. 2003)

Opinion

Submitted December 8, 2003.

The 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NOT FOR PUBLICATION.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, Nora M. Manella, District Judge, Presiding. D.C. No. CR-02-00532-NM.

Ronald L. Cheng, Esq., Dennis Mitchell, Esq., USLA-Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Angel K. Leung, FPDCA-Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.


Before GOODWIN, WALLACE and MCKEOWN, 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 may be provided by Ninth Circuit Rule 36-3.

Francisco Herrera appeals his 57-month sentence imposed following his guilty plea to felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1); and being an illegal alien found in the United States following deportation, 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), Herrera's counsel has filed a brief stating that there are no grounds for relief, and a

Page 924.

motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.

Our examination of the brief and 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), disclose no grounds for relief. Accordingly, counsel's motion to withdraw is GRANTED, and the district court's judgment is AFFIRMED.


Summaries of

United States v. Herrera

United States Court of Appeals, Ninth Circuit
Dec 15, 2003
83 F. App'x 923 (9th Cir. 2003)
Case details for

United States v. Herrera

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Francisco HERRERA…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 15, 2003

Citations

83 F. App'x 923 (9th Cir. 2003)