United States v. Gonzalez-Noyola

MEMORANDUM ** Fernando Gonzalez-Noyola appeals from the 84-month sentence imposed upon resentencing following his jury-trial conviction for being an illegal alien found in the United States following 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), Gonzalez-Noyola’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Gonzalez-Noyola has filed a pro se supplemental brief, and the Government has filed an answering brief. 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.