United States of America v. JACK DEAN WALKING EAGLE, AKA Jack Deon Walking Eagle

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
sko/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JACK DEAN WALKING EAGLE, AKA
Jack Deon Walking Eagle,
Defendant - Appellant.
No. 08-30070
D.C. No. 4:07-CR-00099-SEH
MEMORANDUM *
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Jack Deon Walking Eagle appeals from his 271-month sentence imposed
following his guilty-plea conviction for assault with intent to commit murder, in
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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violation of 18 U.S.C. §§ 1153(a), 113(a)(1), and use of a firearm during a crime of
violence, in violation of 18 U.S.C. § 924(c)(1)(A).
Pursuant to Anders v. California, 386 U.S. 738 (1967), Walking Eagle’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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