United States v. Marquez-Lerma

Opinion

FILED JUL 23 2010 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 07-30120

Plaintiff - Appellee, D.C. No. CR-03-00057-RFC-4

v. MEMORANDUM * LIBIA ZULEMA MARQUEZ-LERMA,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Richard F. Cebull, Chief Judge, Presiding

Submitted June 29, 2010 **

Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

Libia Zulema Marquez-Lerma appeals from the 121-month sentence

imposed upon remand for resentencing. Pursuant to Anders v. California, 386 U.S.

* 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). 738 (1967), Marquez-Lerma’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, and the district

court’s judgment is AFFIRMED.

2 07-30120