United States v. James Elliott , 619 F. App'x 667 ( 2015 )

FILED
NOT FOR PUBLICATION OCT 19 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-30107
Plaintiff - Appellee, D.C. No. 3:11-cr-00060-HA
v.
MEMORANDUM*
JAMES PHINAZEE ELLIOTT,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Ancer L. Haggerty, District Judge, Presiding
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
James Phinazee Elliott appeals from the district court’s judgment and
challenges his jury-trial conviction and 37-month sentence for conspiracy to
distribute oxycodone and to use communication facilities, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(C), 843(b), and 846. Pursuant to Anders v. California, 386
*
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).
U.S. 738 (1967), Elliott’s counsel has filed a brief stating that there are no grounds
for relief, along with a motion to withdraw as counsel of record. Elliott has filed a
pro se supplemental brief. No answering brief has been filed.
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 on direct appeal Elliott’s argument that trial and
sentencing counsel provided ineffective assistance. See United States v. Rahman,
642 F.3d 1257, 1259-60 (9th Cir. 2011).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
2 14-30107