United States v. Lira-Lira , 362 F. App'x 887 ( 2010 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JAN 26 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 08-10070
Plaintiff - Appellee, D.C. No. CR-07-00118-DCB
v.
MEMORANDUM *
MARGARITO LIRA-LIRA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Ninth Circuit Judges.
Margarito Lira-Lira appeals from his guilty-plea conviction and 72-month
sentence imposed for possession with intent to distribute approximately 212
kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(vii).
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
DAT/Research
Pursuant to Anders v. California, 386 U.S. 738 (1967), Lira-Lira’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.
DAT/Research 2 08-10070