
    UNITED STATES of America, Plaintiff-Appellee, v. Anietie James OKPON, Defendant-Appellant.
    No. 06-50589.
    United States Court of Appeals, Ninth Circuit.
    Submitted Jan. 13, 2009.
    
    Filed Jan. 26, 2009.
    Becky S. Walker, Esq., Wesley L. Hsu, Esq., Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.
    William C. Melcher, Esq., Woodland Hills, CA, for Defendant-Appellant.
    
      Before: O’SCANNLAIN, BYBEE and CALLAHAN, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Anietie James Okpon appeals from the district court’s determination, following remand pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), that it would not have imposed a materially different sentence had it known that the United States Sentencing Guidelines were advisory.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Okpon’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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     