931 F2d 898 United States v. Maldonado

931 F.2d 898

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

UNITED STATES of America, Plaintiff-Appellee,
v.
Jose Antonio MALDONADO, Defendant-Appellant.

No. 88-1480.

United States Court of Appeals, Ninth Circuit.

Submitted April 29, 1991.*
Decided May 2, 1991.

Before CANBY, KOZINSKI and FERNANDEZ, Circuit Judges.

1

MEMORANDUM**

2

Jose Antonio Maldonado appeals his conviction and sentence imposed under the United States Sentencing Guidelines (Guidelines or U.S.S.G.), following a jury trial, for one count of conspiracy to distribute cocaine in violation of 21 U.S.C. Sec. 846 and four counts of distributing cocaine in violation of 21 U.S.C. Sec. 841(a)(1). We find no nonfrivolous ground for appeal, and we dismiss.

3

Maldonado's attorney submitted a brief stating that he could find no nonfrivolous reason in the record to reverse Maldonado's conviction or sentence. Maldonado was notified of his right to file a supplemental brief pro se and did not exercise it. The government did not file an answer.

4

Counsel may request permission to withdraw if after a thorough and conscientious examination of the record, counsel finds no issue for review. Anders v. California, 386 U.S. 738, 744 (1967). Counsel's request for permission to withdraw must be accompanied by a brief referring to anything in the record that might arguably support an appeal. Id. After a full examination of the record, the court must then decide whether the appeal is wholly frivolous and if it so finds, the court may grant counsel's motion to withdraw and may dismiss the appeal. Id. If the court finds any nonfrivolous legal issue, it must provide the indigent the assistance of counsel to argue the appeal. Id.

5

Our careful review of the record has revealed no ground for appeal. Therefore, we grant counsel permission to withdraw, and we dismiss the appeal. See Anders, 386 U.S. at 744.

6

MOTION TO WITHDRAW GRANTED AND APPEAL DISMISSED.

*

The panel unanimously finds this case suitable for disposition 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