USA V. JOSE RODRIGUEZ, No. 11-50410 (9th Cir. 2013)

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FILED DEC 18 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-50410 D.C. No. 2:10-cr-00583-AHM v. MEMORANDUM* JOSE LUIS RODRIGUEZ, a.k.a. Severo Hernandez, a.k.a. Celestino Ayala Perez, a.k.a. Jose Luis Morfin Rodriguez, a.k.a. Severo Hernandez Rodriguez, Defendant - Appellant. Appeal from the United States District Court for the Central District of California A. Howard Matz, District Judge, Presiding Submitted December 17, 2013** Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. Jose Luis Rodriguez appeals from the district court s judgment and challenges his jury-trial conviction and 240-month sentence for two counts of * 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). 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 (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 (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. 2 11-50410

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