United States of America v. John Eric Carpegna

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN ERIC CARPEGNA,
Defendant - Appellant.
No. 13-36149
D.C. Nos. 9:12-cv-00010-DWM
9:08-cr-00014-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
John Eric Carpegna appeals from the district court’s order denying his 28
U.S.C. § 2255 motion challenging his convictions by guilty plea to receipt of child
pornography, in violation of 18 U.S.C. § 2252A(a)(2) (Carpegna I), and
possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B)
FILED
JUN 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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(Carpegna II). Pursuant to Anders v. California, 386 U.S. 738 (1967), Carpegna’s
counsel has filed a brief stating that there are no grounds for relief, along with a
motion to withdraw as counsel of record. We have provided Carpegna 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 as to the claims certified for
appeal.
Counsel’s motion to withdraw is GRANTED.
Carpegna’s request for new counsel is denied.
AFFIRMED.
13-36149 2

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