USA v. Mario Garcia, No. 08-30187 (9th Cir. 2010)

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FILED SEP 29 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 08-30187 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

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