NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT APR 28 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 14-10239

Plaintiff - Appellee, D.C. No. 4:12-cr-00727-JGZ

v.

MEMORANDUM*

EDUARDO PENALOZA-CARLON,

a.k.a. Eduarto Carlon Penaloza,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding

Submitted April 22, 2015**

Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.

Eduardo Penaloza-Carlon appeals from the district court’s judgment and

challenges the time-served sentence imposed upon remand for resentencing.

Pursuant to Anders v. California, 386 U.S. 738 (1967), Penaloza-Carlon’s counsel

* 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). 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 Penaloza-Carlon 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 14-10239