FILED

NOT FOR PUBLICATION OCT 03 2011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. 10-30177

Plaintiff - Appellee, D.C. No. 1:09-cr-00102-BLW v.

MEMORANDUM * FELICIANO CRUZ-RODRIGUEZ,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Idaho

B. Lynn Winmill, Chief Judge, Presiding

Submitted September 27, 2011** Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.

Feliciano Cruz-Rodriguez appeals from his guilty-plea conviction and 120-month sentence for conspiracy to distribute methamphetamine, cocaine and marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Cruz-Rodriguez’s counsel has filed a brief stating

*

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). 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. 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 10-30177