Opinion
No. 08-10493.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed March 5, 2010.
Christina Marie Cabanillas, Assistant U.S., USTU-Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.
Saul M. Huerta, Jr., Assistant Federal Public Defender, FPDAZ-Federal Public Defender's Office, Tucson, AZ, for Defendant-Appellant.
Martha Suarez-Leon, Dublin, CA, pro se.
Appeal from the United States District Court for the District of Arizona, Cindy K. Jorgenson, District Judge, Presiding. D.C. No. 4:07-CR-01808-CKJ.
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Martha Suarez-Leon appeals from her jury-trial conviction and two concurrent 120-month sentences for importation of cocaine, in violation of 21 U.S.C. §§ 952(a), and 960(a)(1), (b)(1)(B)(ii), and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(ii). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Suarez-Leon'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 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. Suarez-Leon's motion for appointment of counsel, filed on May 15, 2009, is DENIED.