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UNITED STATES of America, Plaintiff-Appellee, v. Ernesto HERNANDEZ, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2003-09-17No. No. 03-30086; D.C. No. CR-02-06025-EFS
76 F. App'x 142

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Opinion

majority opinion

MEMORANDUM

Ernesto Hernandez appeals his conviction and sentence following a guilty-plea conviction for one count of possession with intent to distribute 40.1 grams of pure methamphetamine, in violation of 21 U.S.C. § 841(a)(1).

Hernandez’s attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has moved to withdraw as counsel of record on the ground that he failed to discover any arguable issues on appeal. Hernandez has not filed a pro se supplemental brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable issues. We therefore GRANT counsel’s motion to withdraw and AFFIRM the district court’s judgment.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.