FILED NOT FOR PUBLICATION OCT 26 2011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. 10-10390

Plaintiff - Appellee, D.C. No. 2:07-cr-01044-ROS

v. MEMORANDUM * MARCOS RODRIGUEZ-ESQUEDA, a.k.a. Jose Alejandro-Esqueda, a.k.a. Jose Esqueda-Martinez,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, Chief Judge, Presiding

Submitted October 25, 2011 **

Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.

Marcos Rodriguez-Esqueda appeals from the district court’s order denying

his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. Pursuant to Anders v.

California, 386 U.S. 738 (1967), Rodriguez-Esqueda’s counsel has filed a brief

* 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). 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.

2 10-10390