FILED

NOT FOR PUBLICATION JUL 19 2012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. 11-10302

Plaintiff - Appellee, D.C. No. 4:09-cr-01996-DCB

v.

MEMORANDUM *

IVAN VERDUSCO-COTA,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona W. Fremming Nielsen, District Judge, Presiding

Submitted July 17, 2012 **

Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.

Ivan Verdusco-Cota appeals from his guilty-plea conviction and 60-month

sentence for conspiracy to possess with intent to distribute heroin, in violation of

21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(i), and 846; and possession with intent to

* 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). distribute heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(i). Pursuant

to Anders v. California, 386 U.S. 738 (1967), Verdusco-Cota’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 Verdusco-Cota 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 11-10302