United States v. Montoya-Perez , 67 F. App'x 467 ( 2003 )

MEMORANDUM ^**

Alexander Montoya-Perez appeals his guilty-plea conviction and 37-month sentence for illegal reentry by a previously deported alien, 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), Montoya-Perez’s counsel has filed a brief stating that he finds no meritorious issues for review, along with a motion to withdraw as counsel of record. Defendant has filed a pro se supplemental brief and the Government has filed a responding brief.

Our examination of the briefs and our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 88-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), disclose no arguable issues for review on direct appeal.¹

Accordingly, counsel’s motion to withdraw is GRANTED and the district court’s judgment is AFFIRMED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . To the extent Montoya-Perez seeks to raise a claim of ineffective assistance of counsel, we decline to reach this issue on direct appeal. See United States v. Hanoum, 33 F.3d 1128, 1131-32 (9th Cir.1994).