United States of America v. Eduardo Jose Mendizabal

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EDUARDO JOSE MENDIZABAL,
Defendant - Appellant.
No. 09-50450
D.C. No. 2:08-cr-00549-GHK
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. King, District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Eduardo Jose Mendizabal appeals from his guilty-plea conviction and
48-month sentence for possession of child pornography, in violation of 18 U.S.C.
§ 2252A(a)(5)(B). Pursuant to Anders v. California, 386 U.S. 738 (1967),
Mendizabal’s counsel has filed a brief stating there are no grounds for relief, along
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50450 2
with a motion to withdraw as counsel of record. Counsel also filed a motion for
miscellaneous relief. 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, and the district
court’s judgment is AFFIRMED.
We grant counsel’s January 27, 2010, motion for miscellaneous relief.

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