U.S. v. Nunez-Betancourt

Full title: UNITED STATES of America, Plaintiff--Appellee, v. Joel NUNEZ-BETANCOURT…

Court: United States Court of Appeals, Ninth Circuit

Date published: Dec 4, 2002

51 F. App'x 765 (9th Cir. 2002)

Opinion

51 Fed.Appx. 765 (9th Cir. 2002) UNITED STATES of America, Plaintiff--Appellee, v. Joel NUNEZ-BETANCOURT, aka Tomas Avilar-Serrano aka Jose Hernandez Diaz aka Joel Betancourt Nunez, Defendant--Appellant. No. 01-10300. D.C. No. CR-00-00706-RCC. United States Court of Appeals, Ninth Circuit. December 4, 2002

Submitted December 2, 2002.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona, Raner C. Collins, District Judge, Presiding.

Before GOODWIN, TROTT and GRABER, Circuit Judges.

MEMORANDUM ^*

* 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.

Joel Nunez-Betancourt appeals his conviction, pursuant to a guilty plea, and sentence for being a deported alien found in the United States in violation of 8 U.S.C. § 1326.

Nunez-Betancourt'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. Nunez-Betancourt did not file a pro se supplemental brief. Because 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), reveals no arguable issues, we grant counsel's motion to withdraw, and affirm the conviction and sentence.

AFFIRMED.

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