United States v. Mario Garcia

FILED NOT FOR PUBLICATION SEP 29 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 08-30187 Plaintiff - Appellee, D.C. No. 2:06-CR-00096-LRS-1 v.

MEMORANDUM * MARIO GARCIA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Lonny R. Suko, Chief Judge, Presiding ** Submitted September 13, 2010

Before: SILVERMAN, CALLAHAN, and NR SMITH, Circuit Judges.

Mario Garcia appeals from his the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion to reduce his sentence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia’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. Garcia’s request for new counsel is DENIED.

AFFIRMED.

2 08-30187