USA v. Bennett, No. 09-30346 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 15 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-30346 D.C. No. 9:09-cr-00004-DWM v. MEMORANDUM * DANIEL LYN BENNETT, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges. Daniel Lyn Bennett appeals from his guilty-plea conviction and 200-month sentence for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Bennett s counsel has filed a brief stating there are no grounds for relief, along with a motion to * 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). withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. A supplemental brief and answering brief have 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 09-30346

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