United States v. Juan Paniagua-Pacheco

FILED NOT FOR PUBLICATION JUN 14 2010

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. 09-30265

Plaintiff - Appellee, D.C. No. 1:08-cr-00230-EJL v.

MEMORANDUM * JUAN BERNARDO PANIAGUA- PACHECO,

Defendant - Appellant.

Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding Submitted May 25, 2010 **

Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

Juan Bernardo Paniagua-Pacheco appeals from his guilty-plea conviction and 87-month sentence for conspiracy to distribute methamphetamine, in violation

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. of 21 U.S.C. §§ 841(a)(1) and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Paniagua-Pacheco’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.

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