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U.S. v. Avila-Espinoza

United States Court of Appeals, Ninth Circuit
Aug 6, 2008
286 F. App'x 523 (9th Cir. 2008)

Opinion

No. 06-50443.

Submitted July 22, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 6, 2008.

Michael J. Raphael, Esq., USLA-Office of the U.S. Attorney Criminal Division, Douglas F. McCormick, Esq., Los Angeles, CA, USSA-Office of the U.S. Attorney, Santa Ana, CA, for Plaintiff-Appellee.

Karen L. Landau, Esq., Oakland, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Central District of California, James V. Selna, District Judge, Presiding. D.C. No. CR-05-00073-JVS-09.

Before: B. FLETCHER, THOMAS and WARDLAW, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Manuel Avila-Espinoza appeals from his guilty-plea conviction and 70-month sentence for conspiracy to possess with intent to distribute cocaine and methamphetamine, in violation of 21 U.S.C. § 846. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Avila-Espinoza's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant the opportunity to file a pro se supplemental brief. 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 arguable grounds for relief on direct appeal.

Accordingly, counsel's motion to withdraw is GRANTED, and the district court's judgment is AFFIRMED.


Summaries of

U.S. v. Avila-Espinoza

United States Court of Appeals, Ninth Circuit
Aug 6, 2008
286 F. App'x 523 (9th Cir. 2008)
Case details for

U.S. v. Avila-Espinoza

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Manuel AVILA-ESPINOZA…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 6, 2008

Citations

286 F. App'x 523 (9th Cir. 2008)