
    UNITED STATES of America, Plaintiff-Appellee, v. Rene Boudewijn KOHLER, Defendant-Appellant.
    No. 10-50456.
    United States Court of Appeals, Ninth Circuit.
    Submitted Jan. 17, 2012.
    
    Filed Jan. 23, 2012.
    Christine Bautista, Michael J. Raphael, Esquire, Assistant U.S. Attorneys, Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.
    Barry L. Morris, Barry L. Morris, Attorney at Law, Walnut Creek, CA, for Defendant-Appellant.
    Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Rene Boudewijn Kohler appeals from the 40-month sentence imposed upon remand for resentencing. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Kohler’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Kohler 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

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.
     