United States of America v. WILLIE JAMES EARL, Jr.

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIE JAMES EARL, Jr.,
Defendant - Appellant.
No. 09-30398
D.C. No. 2:09-cr-00006-JLR
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Willie James Earl, Jr. appeals from his 68-month sentence for conspiracy to
distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846.
Pursuant to Anders v. California, 386 U.S. 738 (1967), Earl’s counsel has filed a
brief stating there are no grounds for relief, along with a motion to withdraw as
FILED
OCT 12 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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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. We
dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d
1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.

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