FILED NOT FOR PUBLICATION MAR 04 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 08-50438 Plaintiff - Appellee, D.C. No. 2:08-cr-00714-JFW v. MEMORANDUM * RAFAEL CASTANON-ESPITIA, AKA Trigger, Defendant - Appellant.

Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding Submitted February 16, 2010 ** Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Rafael Castanon-Espitia appeals from his guilty-plea conviction and 57- month sentence for being an illegal alien found in the United States following

* 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 deportation, in violation of 8 U.S.C. § 1326(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Castanon-Espitia’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 08-50438