FILED
NOT FOR PUBLICATION MAR 15 2011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. 09-30039
Plaintiff - Appellee, D.C. No. 1:08-CR-00112-BLW
v.
MEMORANDUM *
RAFAEL MADRIGAL,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Rafael Madrigal appeals from: (1) his guilty-plea conviction and 130-month
sentence for illegal reentry, in violation of 8 U.S.C. § 1326(a); (2) his guilty-plea
conviction and concurrent 120-month sentence for unlawful possession of an
unregistered firearm, in violation of 26 U.S.C. §§ 5841 and 5861(d); and (3) the
*
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).
order of forfeiture under 26 U.S.C. § 5872 and 28 U.S.C. § 2461(c). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Madrigal’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. A supplemental brief and answering brief have 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 09-30039