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UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis FAVELA-HERNANDEZ, aka Luis Olivas-Chavez, aka Jose Luis Sanchez-Favela, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-01-07No. No. 08-10570
361 F. App'x 815

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Opinion

majority opinion

MEMORANDUM

Jose-Luis Favela-Hernandez appeals from his 71-month sentence for re-entry after 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), Favela-Hernandez’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 with 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.

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