Opinion
No. 09-10158.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 15, 2010.
Pamela Martin, Assistant U.S., Robert Lawrence Ellman, Esquire, Assistant U.S., USLV-Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
Mary Beth Gardner, Reno, NV, for Defendant-Appellant.
Appeal from the United States District Court for the District of Nevada, James C. Mahan, District Judge, Presiding. D.C. No. 2:08-CR-00035-JCM.
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Marino Antonio Muralles-Gliva appeals from his guilty-plea conviction and 100-month sentence for conspiracy to distribute methamphetamine and marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B), and (b)(1)(D). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Muralles-Oliva's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. The appellant has filed a pro se supplemental brief, but the government has not filed an answering brief.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel's motion to withdraw is GRANTED, and the district court's judgment is AFFIRMED.