FILED

NOT FOR PUBLICATION NOV 19 2012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. 11-10498

Plaintiff - Appellee, D.C. No. 2:09-cr-01359-PGR v.

MEMORANDUM * JOSEPH FELIX DEHERRERA,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Paul G. Rosenblatt, District Judge, Presiding

Submitted November 13, 2012 ** Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.

Joseph Felix DeHerrera appeals from his guilty-plea conviction and 236-month sentence imposed for abusive sexual contact, in violation of 18 U.S.C. §§ 1153, 2244(a)(5), and 2246. Pursuant to Anders v. California, 386 U.S. 738

*

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). (1967), DeHerrera’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 DeHerrera 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 (1988), discloses no arguable grounds for relief on direct appeal. We dismiss in light of the valid appeal waiver. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 11-10498