United States v. Jose Rodriguez

550 F. App'x 393

Opinion

MEMORANDUM **

Jose Luis Rodriguez appeals from the district court’s judgment and challenges his jury-trial conviction and 240-month sentence for two counts of distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A) (viii). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Rodriguez’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Rodriguez filed a pro se supplemental opening brief, the government filed an answering brief, and Rodriguez filed a pro se reply brief.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal. We decline to address Rodriguez’s claim of ineffective assistance of counsel on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th Cir.2003).

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.