United States Court of Appeals, Ninth CircuitMar 4, 2010
369 Fed. Appx. 809 (9th Cir. 2010)

No. 08-50438.

Submitted February 16, 2010.

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

Filed March 4, 2010.

Michael J. Raphael, Esquire, Assistant U.S., Jacob J.H. Yim, Special Assistant U.S., Robert Andre Rabbani, Assistant U.S., United States Attorney Office, Los Angeles, CA, for Plaintiff-Appellee.

Rafael Castanon-Espitia, California City, CA, pro se.

Davina T. Chen, Assistant Federal Public Defender, Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Central District of California, John F. Walter, District Judge, Presiding. D.C. No. 2:08-cr-00714-JFW.

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.


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

Rafael Castanon-Espitia appeals from his guilty-plea conviction and 57-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Castanon-Espitia'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.