FILED

NOT FOR PUBLICATION FEB 23 2012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. 08-50107

Plaintiff - Appellee, D.C. No. 3:04-cr-02061-BTM v.

MEMORANDUM * ISRAEL FLORES-RODRIGUEZ,

Defendant - Appellant.

Appeal from the United States District Court

for the Southern District of California

Barry T. Moskowitz, District Judge, Presiding

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

Israel Flores-Rodriguez appeals from the district court’s order denying his motion to dismiss the indictment. Pursuant to Anders v. California, 386 U.S. 738 (1967), Flores-Rodriguez’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

*

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). 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.

Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

2 08-50107