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NOT FOR PUBLICATION MAR 14 2011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. 10-50057
Plaintiff - Appellee, D.C. No. 2:09-cr-00067-SJO
v.
MEMORANDUM *
YONGCAI LI,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Yongcai Li appeals from the 30-month sentence imposed following his
guilty-plea conviction for trafficking in counterfeit goods, in violation of 18 U.S.C.
§ 2320(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Li’s counsel has
filed a brief stating there are no grounds for relief, along with a motion to withdraw
*
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).
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. We
dismiss the appeal in light of the valid appeal waiver. See United States v. Nguyen,
235 F.3d 1179, 1182 (9th Cir. 2000).
Accordingly, counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 10-50057