U.S. v. SANDOVAL-MENDOZA, 285 Fed.Appx. 457 (9th Cir. 2008)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo SANDOVAL-MENDOZA, Defendant-Appellant.

No. 07-10293.United States Court of Appeals, Ninth Circuit.Submitted June 18, 2008.[*]
Filed July 11, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

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

Office of the U.S. Attorney, San Francisco, CA, for Plaintiff-Appellee.

Warrington S. Parker, III, Esq., Heller Ehrman, LLP, San Francisco, CA, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California, Saundra B. Armstrong, District Judge, Presiding. D.C. No. CR-01-40201-SBA.

Before: REINHARDT, LEAVY, and CLIFTON, Circuit Judges.

MEMORANDUM[**]

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

Ricardo Sandoval-Mendoza appeals from his 240-month mandatory minimum sentence following a limited remand pursuant t United States v. Ameline, 409 F.3d 1073, 1079 (9th Cir. 2005) (en banc). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Sandoval-Mendoza’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Sandoval-Mendoza has filed a pro se supplemental opening brief and a pro se reply brief. 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 order is AFFIRMED.

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