FILED NOT FOR PUBLICATION MAR 05 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 09-50172 Plaintiff - Appellee, D.C. No. 2:08-cr-01478-PA v. MEMORANDUM * EDGAR GONZALEZ SERRANO, 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.

Edgar Gonzalez Serrano appeals from his guilty-plea conviction and 30- 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).

EF/Research deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738 (1967), Serrano’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 has been filed, but the government has filed a motion for summary affirmance.

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. The government’s motion is DENIED.

EF/Research 2 09-50172