United States of America v. Barry Scott Tolbert

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).
DRS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
BARRY SCOTT TOLBERT,
Defendant - Appellant.
No. 07-50463
D.C. No. CR-00-00298-FMC
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Florence-Marie Cooper, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Barry Scott Tolbert appeals from his guilty-plea conviction and 240-month
mandatory minimum sentence for conspiracy, possession with intent to distribute
FILED
JAN 08 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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and distribution of cocaine, cocaine base, and methamphetamine, and aiding and
abetting, in violation of 21 U.S.C. §§ 841(a)(1), 846 and 18 U.S.C. § 2. Pursuant
to Anders v. California, 386 U.S. 738 (1967), Tolbert’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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