United States of America, Plaintiff-appellee, v. Heriberto Salazar-barba, Defendant-appellant, 26 F.3d 135 (9th Cir. 1994)

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US Court of Appeals for the Ninth Circuit - 26 F.3d 135 (9th Cir. 1994) Submitted May 24, 1994. *Decided June 7, 1994

Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges.

MEMORANDUM** 

Heriberto Salazar-Barba appeals his conviction following a jury trial for being an illegal alien in possession of a firearm in violation of 18 U.S.C. § 922(g) (5). Pursuant to Anders v. California, 386 U.S. 738 (1967), Salazar-Barba's counsel has submitted a motion to withdraw as counsel of record and a brief identifying one possible issue for review: whether section 922(g) (5) violates Salazar-Barba's right to equal protection because it bars illegal aliens from possessing a firearm.

Salazar-Barba, however, failed to raise this argument before the district court. Therefore, we decline to consider it for the first time on appeal. See United States v. Mondello, 927 F.2d 1463, 1468 (9th Cir. 1991). Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no other issues for review.

Accordingly, counsel's motion to withdraw as counsel of record is GRANTED and the district court's judgment is AFFIRMED.

 *

The panel unanimously finds this case suitable for decision 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

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