FILED NOT FOR PUBLICATION JAN 08 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 08-50563 Plaintiff - Appellee, D.C. No. 2:07-cr-01423-ABC v. MEMORANDUM * ANTONIO DERRYL THOMAS, Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Audrey B. Collins, Chief District Judge, Presiding Submitted December 15, 2009 **

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Antonio Derryl Thomas appeals from the district court’s judgment revoking his supervised release and imposing a 30-day sentence of imprisonment, plus a

* 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).

DRS/Research new 32-month term of supervised release. Pursuant to Anders v. California, 386 U.S. 738 (1967), Thomas’ 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.

DRS/Research 2 08-50563