Unpublished Disposition, 883 F.2d 1025 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 883 F.2d 1025 (9th Cir. 1989)

UNITED STATES of America, Plaintiff-Appellee,v.Ernesto PFEIFER, Defendant-Appellant.

No. 87-3041.

United States Court of Appeals, Ninth Circuit.

Submitted April 13, 1989.* Decided Aug. 10, 1989.

Before GOODWIN, Chief Judge, POOLE and BRUNETTI, Circuit Judges.

MEMORANDUM** 

Ernesto Pfeifer appeals his conviction, after a jury trial, for conspiracy to distribute cocaine. The record discloses that Pfeifer: (1) agreed to engage in the distribution of cocaine, (2) overtly acted to implement the agreement, and (3) had the requisite intent to distribute cocaine. See United States v. Penagos, 823 F.2d 346, 348 (9th Cir. 1987). Therefore, there was sufficient evidence to support the jury's verdict. An independent review of the record reveals no appealable issues. See Penson v. Ohio, 109 S. Ct. 346, 351 (1988). Pfeifer's counsel has filed an Anders brief that concludes there are no nonfrivolous issues for appeal. See Anders v. California, 386 U.S. 738 (1967). Pfeifer's counsel states that although the sufficiency of the evidence could be an issue, such an argument would be frivolous. We agree.

AFFIRMED.

 *

The panel finds this case appropriate for submission without oral argument pursuant to 9th Cir.R. 34-4 and F.R.A.P. 34(a)

 **

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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