FILED NOT FOR PUBLICATION DEC 16 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 08-50571 Plaintiff - Appellee, D.C. No. 2:08-cr-00581-PA v. MEMORANDUM * RODOLFO GARCIA-PEREZ, Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding Submitted November 17, 2009 ** Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.

Rodolfo Garcia-Perez appeals from his guilty-plea conviction and 37-month sentence imposed for being an alien found in the United States following deportation in violation of 8 U.S.C. § 1326.

* 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).

DAT/Research Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia-Perez’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.

DAT/Research 2 08-50571