FILED

NOT FOR PUBLICATION SEP 28 2010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. 08-10242

Plaintiff - Appellee, D.C. No. 4:06-cr-00530-CKJ-GEE v.

MEMORANDUM * VICTOR HUERTA-MARTINEZ, AKA Jose Manzo-Lopez,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Cindy K. Jorgenson, District Judge, Presiding

Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

Victor Huerta-Martinez appeals from his guilty-plea conviction and 77- month sentence for illegal reentry after deportation, in violation of 8 U.S.C. § 1326.

*

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).

Pursuant to Anders v. California, 386 U.S. 738 (1967), Huerta-Martinez’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 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.

2 08-10242