FILED
NOT FOR PUBLICATION APR 15 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10158
Plaintiff - Appellee, D.C. No. 2:08-CR-00035-JCM
v.
MEMORANDUM *
MARINO ANTONIO MURALLES-
OLIVA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Marino Antonio Muralles-Oliva appeals from his guilty-plea conviction and
100-month sentence for conspiracy to distribute methamphetamine and marijuana,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 (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 (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.
2 09-10158