FILED

NOT FOR PUBLICATION JAN 24 2011

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. 09-10485

Plaintiff - Appellee, D.C. No. 2:09-cr-01181-ROS

v.

MEMORANDUM *

EDUARDO MORALES-ARCE,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

Submitted January 10, 2011 **

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.

Eduardo Morales-Arce appeals from his guilty-plea conviction and 30-

month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326(a).

Pursuant to Anders v. California, 386 U.S. 738 (1967), Morales-Arce’s counsel has

filed a brief stating there are no grounds for relief, along with a motion to withdraw

* 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). as counsel of record. We have 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.

Accordingly, counsel’s motion to withdraw is GRANTED, and the district

court’s judgment is AFFIRMED.

2 09-10485