United States v. Jimmy Roberts

FILED
                             NOT FOR PUBLICATION                             APR 21 2010

                                                                         MOLLY C. DWYER, CLERK
                      UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS

                             FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,                         No. 09-50090

               Plaintiff - Appellee,              D.C. No. 3:08-cr-02433-LAB

  v.
                                                  MEMORANDUM *
JIMMY LOWELL ROBERTS,

               Defendant - Appellant.

                     Appeal from the United States District Court
                       for the Southern District of California
                      Larry A. Burns, District Judge, Presiding

                               Submitted April 5, 2010 **

Before:        RYMER, McKEOWN, and PAEZ, Circuit Judges.

       Jimmy Lowell Roberts appeals from his guilty-plea conviction and

100-month sentence for bank robbery, in violation of
8 U.S.C. § 2113
(a). Pursuant

to Anders v. California,
386 U.S. 738
(1967), Roberts’ counsel has filed a brief

          *
             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).
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.

                                          2                                    09-50090