United States v. Tolbert

FILED
NOT FOR PUBLICATION JAN 08 2010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. 07-50463
Plaintiff - Appellee, D.C. No. CR-00-00298-FMC
v.
MEMORANDUM *
BARRY SCOTT TOLBERT,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Florence-Marie Cooper, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Barry Scott Tolbert appeals from his guilty-plea conviction and 240-month
mandatory minimum sentence for conspiracy, possession with intent to distribute
*
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).
DRS/Research
and distribution of cocaine, cocaine base, and methamphetamine, and aiding and
abetting, in violation of 21 U.S.C. §§ 841(a)(1), 846 and 18 U.S.C. § 2. Pursuant
to Anders v. California, 386 U.S. 738 (1967), Tolbert’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 (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.
DRS/Research 2 07-50463