NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT DEC 30 2009

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS UNITED STATES OF AMERICA, No. 08-10244

Plaintiff - Appellee, D.C. No. 2:06-cr-00736-DGC v.

MEMORANDUM * SEALED 1,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

David G. Campbell, District Judge, Presiding

Submitted December 15, 2009 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Appellant appeals from his guilty-plea conviction and 108-month sentence for conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846.

*

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). DAT/Research

Pursuant to Anders v. California, 386 U.S. 738 (1967), appellant’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Appellant has filed a pro se supplemental brief, the government has filed motion to dismiss in light of a comprehensive appeal waiver, and appellant has filed a statement opposing the motion.

We have conducted an independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988). In light of the valid appeal waiver, the government’s motion to dismiss is GRANTED. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).

Counsel’s motion to withdraw is GRANTED.

DISMISSED. DAT/Research 2 08-10244