United States v. Alvaro Ramirez-Baldenebro

FILED NOT FOR PUBLICATION MAR 08 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-30269 Plaintiff - Appellee, D.C. No. 6:07-cr-60031-HO v. MEMORANDUM * ALVARO RAMIREZ-BALDENEBRO, Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Michael R. Hogan, District Judge, Presiding Submitted February 15, 2010 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Alvaro Ramirez-Baldenebro appeals from his conviction and 160-month sentence for conspiracy to possess with intent to distribute 100 grams or more of heroin, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B)(i) and 846; and possession with intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. * 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). § 841(a)(1) and (b)(1)(A)(i). Pursuant to Anders v. California, 386 U.S. 738 (1967), Ramirez-Baldenebro’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 (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 09-30269