United States of America, Plaintiff-appellee, v. Rafael Bejar-acosta, Defendant-appellant, 977 F.2d 592 (9th Cir. 1992)

MEMORANDUM^** 

Rafael Bejar-Acosta appeals the judgment and sentence imposed following his entry of a guilty plea to one count of being a deported alien found in the United States, in violation of 8 U.S.C. § 1326.

Counsel for Bejar-Acosta filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), which identified one possible issue for review: whether defendant understood the Federal Sentencing Guidelines. We have jurisdiction under 28 U.S.C. § 1291.

Following review of the record on appeal, we find that defendant did understand the Sentencing Guidelines. The record reflects that defendant understood the increase in the Guidelines resulting from the fact that the he was on probation at the time of his arrest. At the time the defendant's attorney advised defendant of his potential sentence, there is some question as to whether or not defendant's attorney knew defendant was on probation. However, defendant admitted that his attorney advised him that he faced a potential sentence of ten to twenty-one months and defendant was in fact sentenced to twenty-one months. Therefore, we find that the defendant did understand the Federal Sentencing Guidelines and was correctly apprised of his possible sentence. We discern no other possible issues for appeal.

The motion of counsel to withdraw is GRANTED and the judgment and sentence is AFFIRMED.