FILED
NOT FOR PUBLICATION MAR 14 2011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. 09-50184
Plaintiff - Appellee, D.C. No. 2:08-cr-00572-DSF
v.
MEMORANDUM *
CLAUDIO RODRIGUEZ, a.k.a. Tony,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Claudio Rodriguez appeals from the 80-month sentence imposed following
his guilty-plea conviction for intentionally distributing a controlled substance, in
violation of 21 U.S.C. § 841(a)(1)(b)(1)(B)(viii), and intentionally distributing a
mixture or substance containing cocaine base, 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)(b)(1)(A)(iii). Pursuant to Anders v. California, 386 U.S. 738 (1967),
Rodriguez’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 09-50184