FILED

NOT FOR PUBLICATION FEB 22 2012

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. 11-10251

Plaintiff - Appellee, D.C. No. 2:10-cr-01715-FJM-1 v.

MEMORANDUM * PEDRO CHIHUAHUA-RODRIGUEZ,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Frederick J. Martone, District Judge, Presiding

Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Pedro Chihuahua-Rodriguez appeals his conviction by guilty plea and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326(a), with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2).

*

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).

Pursuant to Anders v. California, 386 U.S. 738 (1967), Chihuahua- Rodriguez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Chihuahua-Rodriguez the opportunity to file a pro se supplemental brief. No pro se supplemental 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.

Counsel’s motion to withdraw is granted.

AFFIRMED.

2 11-10251