United States of America v. Simeti Lualemaga

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NOT FOR PUBLICATION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.
SIMETI LUALEMAGA,
Defendant - Appellant.
No. 11-10363
D.C. No. 1:10-cr-00116-DAE
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
David A. Ezra, District Judge, Presiding
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Simeti Lualemaga appeals from his jury-trial conviction and 60-month
sentence for assault of a United States government employee with a deadly
weapon, in violation of 18 U.S.C. § 111.
FILED
APR 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10363 2
Pursuant to Anders v. California, 386 U.S. 738 (1967), Lualemaga’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 appellant 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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