United States v. Marcos Rodriguez-Esqueda

FILED NOT FOR PUBLICATION OCT 26 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10390 Plaintiff - Appellee, D.C. No. 2:07-cr-01044-ROS v. MEMORANDUM * MARCOS RODRIGUEZ-ESQUEDA, a.k.a. Jose Alejandro-Esqueda, a.k.a. Jose Esqueda-Martinez, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, Chief Judge, Presiding Submitted October 25, 2011 ** Before: TROTT, GOULD, and RAWLINSON, Circuit Judges. Marcos Rodriguez-Esqueda appeals from the district court’s order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Rodriguez-Esqueda’s counsel has filed a brief * 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). 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 10-10390