United States of America v. Collins Ray Russell

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
COLLINS RAY RUSSELL,
Defendant-Appellant.
No. 20-30192
D.C. No. 1:09-cr-00068-SPW-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted February 17, 2021**
Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges.
Collins Ray Russell appeals from the district court’s judgment and
challenges the 30-month sentence imposed upon revocation of his supervised
release. Pursuant to Anders v. California, 386 U.S. 738 (1967), Russell’s counsel
has filed a brief stating that there are no grounds for relief, along with a motion to
* 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
FEB 24 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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withdraw as counsel of record. Russell has filed a pro se supplemental brief. No
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 direct appeal. Contrary
to Russell’s argument in his pro se supplemental brief, the 30-month sentence was
authorized by the applicable statute and the Guidelines. In addition, the sentence is
substantively reasonable in light of the 18 U.S.C. § 3583(e) factors and the totality
of the circumstances, including Russell’s breach of the court’s trust, the need to
protect the public, and the similarity between the original offense and the conduct
underlying the revocation. See Gall v. United States, 552 U.S. 38, 51 (2007);
United States v. Simtob, 485 F.3d 1058, 1062-63 (9th Cir. 2007). The record does
not support Russell’s remaining pro se arguments.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.

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