FILED
NOT FOR PUBLICATION FEB 23 2012
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. 08-50107
Plaintiff - Appellee, D.C. No. 3:04-cr-02061-BTM
v.
MEMORANDUM *
ISRAEL FLORES-RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Israel Flores-Rodriguez appeals from the district court’s order denying his
motion to dismiss the indictment. Pursuant to Anders v. California, 386 U.S. 738
(1967), Flores-Rodriguez’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
*
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).
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.
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is AFFIRMED.
2 08-50107