United States of America v. Bernard James Horstman

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BERNARD JAMES HORSTMAN,
Defendant - Appellant.
No. 15-30088
D.C. No. 9:13-cr-00021-DLC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Bernard James Horstman appeals from the district court’s order denying his
motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). Pursuant to Anders
v. California, 386 U.S. 738 (1967), Horstman’s counsel has filed a brief stating
that there are no grounds for relief, along with a motion to withdraw as counsel of
FILED
NOV 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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record. We have provided Horstman 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 (1988), discloses no arguable grounds for relief on appeal.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.
15-30088 2

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