United States of America v. Barry N. Odegaard

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BARRY N. ODEGAARD,
Defendant - Appellant.
No. 08-10462
D.C. No. 1:06-cr-00178-DAE
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
David A. Ezra, District Judge, Presiding
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
Barry N. Odegaard appeals from his jury-trial conviction and 60-month
sentence for illegal distribution of oxycodone, in violation of 21 U.S.C. §§
841(a)(1) and (b)(1)(C). Pursuant to Anders v. California, 386 U.S. 738 (1967),
FILED
JUL 30 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-10462 2
Odegaard’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
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.

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