NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 23 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 22-10133

Plaintiff-Appellee, D.C. No. 2:96-cr-00464-DLR-2 v. RICARDO BRIONES, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court

for the District of Arizona

Douglas L. Rayes, District Judge, Presiding

Submitted February 14, 2023** Before: FERNANDEZ, FRIEDLAND, and H.A. THOMAS, Circuit Judges.

Ricardo Briones appeals from the district court’s denial of his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). Pursuant to Anders v. California, 386 U.S. 738 (1967), Briones’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). record. We have provided Briones 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.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 22-10133