United States of America v. Markay Lewis

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).
SR/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARKAY LEWIS,
Defendant - Appellant.
No. 08-50020
D.C. No. CR-07-00916-PA
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Markay Lewis appeals from his guilty-plea conviction and 105-month
sentence for being a felon in possession of ammunition, in violation of 18 U.S.C.
§ 922(g)(1), and distribution of cocaine base in the form of crack cocaine, in
FILED
MAR 04 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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SR/Research 08-50020 2
violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(iii). Pursuant to Anders v. California,
386 U.S. 738 (1967), Lewis’ 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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