FILED NOT FOR PUBLICATION MAR 05 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 07-10605 Plaintiff - Appellee, D.C. No. CR-02-40206-DLJ v. MEMORANDUM * GODLIFE ASAD MUHAMMAD, a.k.a.

Godlife Muhammad, Kiven Ross, Defendant - Appellant.

Appeal from the United States District Court for the Northern District of California D. Lowell Jensen, District Judge, Presiding Submitted February 16, 2010 **

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Godlife Asad Muhammad appeals from the 108-month sentence imposed upon remand for resentencing. Pursuant to Anders v. California, 386 U.S. 738 * 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 (1967), Muhammad’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, and the district court’s judgment is AFFIRMED.

DRS/Research 2 07-10605