NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT DEC 27 2010

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS UNITED STATES OF AMERICA, No. 09-50450

Plaintiff - Appellee, D.C. No. 2:08-cr-00549-GHK v.

MEMORANDUM * EDUARDO JOSE MENDIZABAL,

Defendant - Appellant.

Appeal from the United States District Court

for the Central District of California

George H. King, District Judge, Presiding

Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.

Eduardo Jose Mendizabal appeals from his guilty-plea conviction and 48-month sentence for possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). Pursuant to Anders v. California, 386 U.S. 738 (1967), Mendizabal’s counsel has filed a brief stating there are no grounds for relief, along

*

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). with a motion to withdraw as counsel of record. Counsel also filed a motion for miscellaneous relief. 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.

We grant counsel’s January 27, 2010, motion for miscellaneous relief.

2 09-50450