FILED

NOT FOR PUBLICATION JAN 16 2013

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. 12-10071

Plaintiff - Appellee, D.C. No. 4:10-cr-03667-DCB v.

MEMORANDUM * RICARDO RAUL MENDEZ,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

John A. Jarvey, District Judge, Presiding **

Submitted January 15, 2013 *** Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.

Ricardo Raul Mendez appeals from the district court’s judgment and challenges his guilty-plea conviction and 48-month sentence for possession with

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

**

The Honorable John A. Jarvey, United States District Judge for the Southern District of Iowa, sitting by designation.

***

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(ii)(II). Pursuant to Anders v. California, 386 U.S. 738 (1967), Mendez’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 Mendez 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.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 12-10071