Opinion
No. 06-10649.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed September 9, 2008.
John Zachary Boyle, Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.
Oscar Octavio Padilla-Rocha, Florence, AZ, pro se.
Alex Gonzalez, Gonzalez Smith PC, Chandler, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, Neil V. Wake, District Judge, Presiding. D.C. No. CR-06-00232-NVW.
Before: SCHROEDER, KLEINFELD, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Oscar Octavio Padilla-Rocha appeals from his guilty-plea conviction and 37-month sentence for conspiracy to possess with intent to distribute methamphetamine and cocaine in violation of 21 U.S.C. § 846.
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), appellant's 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 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.