FILED NOT FOR PUBLICATION JUL 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 08-10569 Plaintiff - Appellee, D.C. No. 2:08-cr-00657-NVW v. MEMORANDUM * SEBASTIAN BARRIENTOS-VELEZ, Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Neil V. Wake, District Judge, Presiding Submitted June 29, 2010 **

Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

Sebastian Barrientos-Velez appeals from his guilty-plea conviction and 51- month sentence imposed for illegal reentry, in violation of 8 U.S.C. § 1326(a).

Pursuant to Anders v. California, 386 U.S. 738 (1967), Barrientos-Velez’s counsel

* 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). 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 brief. No 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.

DISMISSED.

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