United States v. Felipe Arriaga

FILED
NOT FOR PUBLICATION FEB 23 2012
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. 09-30435
Plaintiff - Appellee, D.C. No. 4:09-cr-00021-CCL
v.
MEMORANDUM *
FELIPE ARRIAGA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Felipe Arriaga appeals from his jury-trial conviction and 240-month
sentence for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
§§ 846 and 851. Pursuant to Anders v. California, 386 U.S. 738 (1967), Arriaga’s
*
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).
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 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 09-30435