Opinion
No. 09-50090.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 21, 2010.
Joseph Orabona, Office of the U.S. Attorney San Diego, CA, for Plaintiff-Appellee.
Arza Feldman, Feldman Feldman, Uniondale, NY, for Defendant-Appellant.
Jimmy Lowell Roberts, USP — United States Penitentiary (Victorville), Adelanto, CA, pro se.
Appeal from the United States District Court for the Southern District of California, Larry A. Burns, District Judge, Pre-siding. D.C. No. 3:08-cr-02433-LAB.
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jimmy Lowell Roberts appeals from his guilty-plea conviction and 100-month sentence for bank robbery, in violation of 18 U.S.C. § 2113(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Roberts' counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
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.