FILED

NOT FOR PUBLICATION NOV 03 2011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. 09-10442

Plaintiff - Appellee, D.C. No. 4:08-cr-01179-JMR

v.

MEMORANDUM *

RAUL LUNA-BARBOSA,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona John M. Roll, Chief Judge, Presiding

Submitted October 25, 2011 **

Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.

Raul Luna-Barbosa appeals from his guilty-plea conviction and 46-month

sentence imposed for being an illegal alien found in the United States following

deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386

U.S. 738 (1967), Luna-Barbosa’s counsel has filed a brief stating there are no

* 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). 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.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

2 09-10442