FILED

NOT FOR PUBLICATION OCT 12 2010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. 09-30398

Plaintiff - Appellee, D.C. No. 2:09-cr-00006-JLR v.

MEMORANDUM * WILLIE JAMES EARL, Jr.,

Defendant - Appellant.

Appeal from the United States District Court

for the Western District of Washington

James L. Robart, District Judge, Presiding

Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

Willie James Earl, Jr. appeals from his 68-month sentence for conspiracy to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Earl’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as

*

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). 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. We dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 09-30398