Summary
finding that the district court granted defendant's motion to dismiss even though the government conceded the propriety of dismissing the indictment
Summary of this case from United States v. Irizarry-ColonOpinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a); 9th Cir. R. 34-4.
Appeal from the United States District Court for the Central District of California
Before: HUG, Chief Judge, PREGERSON AND BEEZER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.
Carmelo Valle-Sanchez appeals his guilty plea conviction and sentence for illegal reentry of a deported alien following a felony conviction in violation of 8 U.S.C. § 1326(a). Valle-Sanchez's counsel has submitted a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and a motion to withdraw as counsel of record. Because our review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no meritorious issues for review, we AFFIRM the district court's judgment and GRANT the motion of counsel to withdraw.