FILED NOT FOR PUBLICATION JUL 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 09-10424 Plaintiff - Appellee, D.C. No. 4:09-cr-01082-FRZ v. MEMORANDUM * FAUSTO ANTONIO FABIAN, Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Frank R. Zapata, District Judge, Presiding Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

Fausto Antonio Fabian appeals from his guilty-plea conviction and 48- month sentence for reentry following deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Fabians’ counsel has filed a brief stating there are no grounds for relief, along with a motion * 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). 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 of 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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