United States of America, Plaintiff-appellee, v. Edmundo Rocha-brenes, Defendant-appellant, 40 F.3d 1247 (9th Cir. 1994)

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U.S. Court of Appeals for the Ninth Circuit - 40 F.3d 1247 (9th Cir. 1994) Submitted Nov. 14, 1994. *Decided Nov. 21, 1994

Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges.


MEMORANDUM** 

Edmundo Rocha-Brenes appeals his sentence under the Sentencing Guidelines imposed following his guilty plea to being a deported alien found in the United States, in violation of 8 U.S.C. § 1326(a). Rocha's counsel has filed a brief asserting that Rocha has no nonfrivolous issue on appeal and has requested permission to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967). Rocha has filed a pro se motion for appointment of new counsel. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no nonfrivolous issues for review.

Accordingly, counsel's motion to withdraw as counsel of record is GRANTED, Rocha's pro se motion for appointment of new counsel is DENIED, and the district court's judgment is

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

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

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