United States of America v. ARTRELLE FRAGHER, AKA Richard Lee Evans, AKA Fragher Smith, AKA Kenneth Winzer

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ARTRELLE FRAGHER, AKA Richard Lee
Evans, AKA Fragher Smith, AKA Kenneth
Winzer,
Defendant-Appellant.
No. 20-10091
D.C. No. 3:18-cr-00517-CRB-1
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Charles R. Breyer, District Judge, Presiding
Submitted January 20, 2021**
Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.
Artrelle Fragher appeals from the district court’s judgment and challenges
his guilty-plea convictions and concurrent 77-month sentences for three counts of
possession with intent to distribute a controlled substance, and three counts of
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 27 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-10091
distribution and possession with intent to distribute a controlled substance within
1,000 feet of a school, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and
860(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Fragher’s counsel
has filed a brief stating that there are no grounds for relief, along with a motion to
withdraw as counsel of record. Fragher has filed multiple pro se supplemental
briefs. The government has filed an answering brief.
Fragher entered into a plea agreement that contained an appeal waiver.
Assuming without deciding that the appeal waiver is not enforceable, our
independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable grounds for relief on direct appeal. Fragher’s pro se
challenges to the district court’s jurisdiction are unavailing. See United States v.
Marks, 530 F.3d 799, 810 (9th Cir. 2008).
Counsel’s motion to withdraw is GRANTED. All other pending motions
and requests are DENIED.
AFFIRMED.

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