United States of America v. Jose Garcia-Lopez

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NOT FOR PUBLICATION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.
JOSE GARCIA-LOPEZ,
Defendant - Appellant.
No. 08-50262
D.C. No. 5:06-cr-00019-VAP
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Virginia A. Phillips, District Judge, Presiding
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Jose Garcia-Lopez appeals from the 120-month sentence imposed following
his guilty-plea conviction for distribution of methamphetamine and aiding and
abetting, in violation of 21 U.S.C. § 841(a)(1), (B)(1)(A) and 18 U.S.C. § 2.
FILED
APR 21 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-50262 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia-Lopez’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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.

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