FILED

NOT FOR PUBLICATION APR 21 2010

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. 09-10177

Plaintiff - Appellee, D.C. No. 2:08-cr-01357-FJM

v.

MEMORANDUM *

EDUARDO CRUZ-CASTILLO, AKA

Everardo Cruz-Castillo,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding

Submitted April 5, 2010 **

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Eduardo Cruz-Castillo appeals from his guilty-plea conviction and 24-month

sentence for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326.

* 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). Pursuant to Anders v. California, 386 U.S. 738 (1967), Cruz-Castillo’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 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, the district

court’s judgment is AFFIRMED.

2 09-10177