United States of America v. Kevin James Belone

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NOT FOR PUBLICATION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.
KEVIN JAMES BELONE,
Defendant - Appellant.
No. 11-10220
D.C. No. 3:09-cr-08126-NVW
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Kevin James Belone appeals from his guilty-plea conviction and 120-month
sentence for voluntary manslaughter, in violation of 18 U.S.C. §§ 1112 and 1153.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Belone’s counsel has filed a
FILED
FEB 22 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10220 2
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. We
dismiss 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.
DISMISSED.

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