USA V. KENNETH LITES, No. 19-10145 (9th Cir. 2020)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 29 2020 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. U.S. COURT OF APPEALS 19-10145 D.C. No. 2:14-cr-00274-DGC-1 MEMORANDUM* KENNETH WAYNE LITES, AKA Kenneth Lites, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding Submitted October 26, 2020** Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges. Kenneth Wayne Lites appeals from the revocation of supervised release and the 9-month sentence and 24-month term of supervised release imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967), Lites’s counsel has filed a brief stating that 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 Ninth Circuit Rule 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 Lites 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 (1988), discloses no arguable grounds for relief on direct appeal. We decline to address on direct appeal Lites’s claims of ineffective assistance of counsel, which he raised in the pro se notice of appeal. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011). Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 19-10145

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