United States of America v. Felipe Arriaga

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NOT FOR PUBLICATION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.
FELIPE ARRIAGA,
Defendant - Appellant.
No. 09-30435
D.C. No. 4:09-cr-00021-CCL
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Felipe Arriaga appeals from his jury-trial conviction and 240-month
sentence for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
§§ 846 and 851. Pursuant to Anders v. California, 386 U.S. 738 (1967), Arriaga’s
FILED
FEB 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30435 2
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 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.

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