FILED NOT FOR PUBLICATION MAR 04 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 08-50020 Plaintiff - Appellee, D.C. No. CR-07-00916-PA v. MEMORANDUM * MARKAY LEWIS, Defendant - Appellant.

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

Markay Lewis appeals from his guilty-plea conviction and 105-month sentence for being a felon in possession of ammunition, in violation of 18 U.S.C. § 922(g)(1), and distribution of cocaine base in the form of crack cocaine, in * 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 violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii). Pursuant to Anders v. California, 386 U.S. 738 (1967), Lewis’ 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 08-50020