United States v. George Villareal

FILED NOT FOR PUBLICATION MAR 08 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 09-10370 Plaintiff - Appellee, D.C. No. 2:08-cr-00544-GMS v. MEMORANDUM * GEORGE VILLAREAL, a.k.a. George Fohrenkam, Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

George Villareal appeals from the district court’s order granting in part and denying in part his motion to be sentenced pursuant to 18 U.S.C. § 3553(a) and declare the mandatory minimum sentence in 18 U.S.C. § 3559(f) unconstitutional.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Pursuant to Anders v. California, 386 U.S. 738 (1967), Villareal’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 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.

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