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United States Court of Appeals, Ninth Circuit.Page 677Dec 27, 2006
215 Fed. Appx. 676 (9th Cir. 2006)

No. 06-30231.

Submitted December 21, 2006.

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

Filed December 27, 2006.

Jane M. Kirk, Esq., USYA — Office of the U.S. Attorney, Yakima, WA, for Plaintiff-Appellee.

Scott Etherton, Esq., Pasco, WA, for Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington, Fred L. Van Sickle, District Judge, Presiding. D.C. No. CR-05-02115-FVS.

Before: GOODWIN, WALLACE, and LEAVY, 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.

Antonio Valdovinos-Guizar appeals from his guilty-plea conviction and 41-month sentence for being an alien in the United States 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), counsel for Valdovinos-Guizar has filed a brief stating that he finds no grounds for relief, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.

Our examination of the brief and our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 82-83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), disclose no grounds for relief on direct appeal. Accordingly, we affirm the district court's judgment.

Counsel's motion to withdraw is GRANTED, and the district court's judgment is AFFIRMED.

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