United States of America v. Billy Joe Curtis

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NOT FOR PUBLICATION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.
BILLY JOE CURTIS,
Defendant - Appellant.
No. 10-30155
D.C. No. 4:09-cr-00086-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Billy Joe Curtis appeals from his guilty-plea conviction and 57-month
sentence for being a felon in possession of a firearm, in violation of 18 U.S.C.
§ 922(g)(1), and possession of a stolen firearm, in violation of 18 U.S.C. § 922(j).
FILED
APR 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30155 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Curtis’s counsel has
filed a brief stating there are no grounds for relief, along with a motion to withdraw
as counsel of record. Curtis has filed a pro se supplemental brief. No 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 as to Curtis’s conviction.
Curtis waived his right to appeal his sentence. We accordingly dismiss the appeal
of the sentence in light of the valid appeal waiver. See United States v. Nguyen,
235 F.3d 1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.

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