FILED NOT FOR PUBLICATION DEC 11 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 07-30408 Plaintiff - Appellee, D.C. No. CR-05-00347-TSZ v. MEMORANDUM * HOANG MUNG THAI, Defendant - Appellant.

Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, Senior District Judge, Presiding Submitted November 17, 2009 **

Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.

Hoang Mung Thai appeals from the 108-month sentence imposed upon a remand for resentencing, following his guilty-plea conviction for possession with

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

EF/Research intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B), and 18 U.S.C. § 2. Pursuant to Anders v. California, 386 U.S. 738 (1967), Thai’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.

EF/Research 2 07-30408