United States of America v. Michael Joseph Gilbert

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NOT FOR PUBLICATION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.
MICHAEL JOSEPH GILBERT,
Defendant - Appellant.
No. 09-30438
D.C. No. 3:09-cr-05123-RBL
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted December 19, 2011**
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Michael Joseph Gilbert appeals from his guilty-plea conviction and 240-
month sentence for production of child pornography, in violation of 18 U.S.C.
§§ 2251(a) and (e), and 2256, and receipt of visual depictions of minors engaged in
sexually explicit conduct, in violation of 18 U.S.C. §§ 2252(a)(2) and (b)(1), and
FILED
DEC 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30438 2
2256. Pursuant to Anders v. California, 386 U.S. 738 (1967), Gilbert’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 Gilbert with the opportunity to file a pro se supplemental
brief. He has filed a pro se supplemental brief, which we have considered.
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 the Gilbert’s
conviction. We 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.
The conviction is AFFIRMED, and the appeal of the sentence is
DISMISSED.

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