MEMORANDUM **

Eloy Gutierrez-Barba appeals from his guilty-plea conviction and 43-month sentence for attempted illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Gutierrez-Barba’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. We construe Gutierrez-Barba’s letter, dated January 6, 2010, as a pro se supplemental brief. No answering brief has been filed.

Gutierrez-Barba’s motion for appointment of counsel and “Petition for Order Directing Attorney of Record to Surrender Defense Files” and the government’s motion for summary affirmance are denied.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.