FILED
NOT FOR PUBLICATION AUG 16 2011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. 09-10344
Plaintiff - Appellee, D.C. No. 4:07-cr-01260-FRZ
v.
MEMORANDUM *
RUBEN GARCIA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, District Judge, Presiding
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Ruben Garcia appeals from the 120-month sentence imposed following his
guilty-plea conviction for importing approximately 9.78 kilograms of cocaine, in
violation of 21 U.S.C. §§ 952(a), 960(a)(1) and 960(b)(1)(B)(ii); and possession
with intent to distribute approximately 9.78 kilograms of cocaine, in violation of
*
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).
21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(ii)(II). Pursuant to Anders v. California,
386 U.S. 738 (1967), Garcia’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 09-10344