FILED

NOT FOR PUBLICATION JAN 07 2010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. 08-10570

Plaintiff - Appellee, D.C. No. 4:07-cr-01768-RCC v.

MEMORANDUM * JOSE LUIS FAVELA-HERNANDEZ, AKA Luis Olivas-Chavez, AKA Jose Luis Sanchez-Favela,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Raner C. Collins, District Judge, Presiding

Submitted December 15, 2009 ** Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Jose-Luis Favela-Hernandez appeals from his 71-month sentence for re- entry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v.

*

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). SR/Research California, 386 U.S. 738 (1967), Favela-Hernandez’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. 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. SR/Research 2 08-10570