FILED

NOT FOR PUBLICATION FEB 23 2012

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. 11-10146

Plaintiff - Appellee, D.C. No. 2:10-cr-00204-JCM

v.

MEMORANDUM *

JOSE ALVIDREZ-UBANDA,

Defendant - Appellant.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Submitted February 21, 2012 **

Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Jose Alvidrez-Ubanda appeals from his guilty-plea conviction and 57-month

sentence for possession of a controlled substance with intent to distribute, in

violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii). Pursuant to Anders v.

* 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). California, 386 U.S. 738 (1967), Alvidrez-Ubanda’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. We

dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d

1179, 1182 (9th Cir. 2000).

Counsel’s motion to withdraw is GRANTED.

DISMISSED.

2 11-10146