United States v. Mario Garcia

FILED
NOT FOR PUBLICATION SEP 29 2010
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. 08-30187
Plaintiff - Appellee, D.C. No. 2:06-CR-00096-LRS-1
v.
MEMORANDUM *
MARIO GARCIA,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Lonny R. Suko, Chief Judge, Presiding
**
Submitted September 13, 2010
Before: SILVERMAN, CALLAHAN, and NR SMITH, Circuit Judges.
Mario Garcia appeals from his the district court’s denial of his 18 U.S.C.
§ 3582(c)(2) motion to reduce his sentence. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
*
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).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Garcia’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 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. Garcia’s request
for new counsel is DENIED.
AFFIRMED.
2 08-30187