Opinion
No. 11-50269 D.C. No. 3:11-cr-00225-IEG-1
04-18-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID NAJIMIAS-NACACH, AKA David Herrera-Roman, 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NOT FOR PUBLICATION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 Southern District of California
Irma E. Gonzalez, Chief District Judge, Presiding
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
David Najimias-Nacach appeals his conviction by guilty plea and sentence for attempted entry after deportation in violation of 8 U.S.C. § 1326.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Najimias-Nacach's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Najimias-Nacach has filed a pro se supplemental brief.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel's motion to withdraw is granted.
AFFIRMED.