United States of America v. Fred Wilbarger

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NOT FOR PUBLICATION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.
FRED WILBARGER,
Defendant - Appellant.
No. 09-50256
D.C. No. 2:04-cr-01326-R-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted July 19, 2010**
Before: B. FLETCHER, REINHARDT, and WARDLAW,, Circuit Judges.
Fred Wilbarger appeals from the three-month sentence imposed following
revocation of supervised release. Pursuant to Anders v. California, 386 U.S. 738
(1967), Wilbarger’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
FILED
JUL 30 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

09-50256 2
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.

-- 2 of 2 --