United States of America v. RAFAEL CASTANON-ESPITIA, AKA Trigger

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
SR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAFAEL CASTANON-ESPITIA, AKA
Trigger,
Defendant - Appellant.
No. 08-50438
D.C. No. 2:08-cr-00714-JFW
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Rafael Castanon-Espitia appeals from his guilty-plea conviction and 57-
month sentence for being an illegal alien found in the United States following
FILED
MAR 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SR/Research 08-50438 2
deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California,
386 U.S. 738 (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 (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.

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