FILED
NOT FOR PUBLICATION JUN 08 2011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. 09-30085
Plaintiff - Appellee, D.C. No. 2:08-CR-06008-EFS
v.
MEMORANDUM *
ISAAC ALCAUTER BARAJAS, a.k.a.
Isaac Barajas Alcauter,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Edward F. Shea, District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Isaac Alcauter Barajas appeals from his guilty-plea conviction and
120-month sentence for distribution of a controlled substance, methamphetamine,
in violation of 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S.
*
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).
738 (1967), Barajas’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 and the government has filed an answering brief.
We have considered both.
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. To the
extent Barajas raises a claim of ineffective assistance of counsel, we decline to
address it on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th
Cir. 2003).
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is AFFIRMED.
2 09-30085