FILED NOT FOR PUBLICATION AUG 15 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 09-30376 Plaintiff - Appellee, D.C. No. 4:09-cr-00033-SEH v. MEMORANDUM * JASON X. DENNIS, Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding Submitted August 11, 2011 ** Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.

Jason X. Dennis appeals from his guilty-plea conviction and 37-month sentence for possession with intent to distribute cocaine in a public housing facility and distribution of cocaine in a public housing facility, in violation of 21 U.S.C. §§ 841(a)(1) and 860. Pursuant to Anders v. California, 386 U.S. 738 (1967), * 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).

Dennis’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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