United States of America v. Elijah Sweowat

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NOT FOR PUBLICATION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.
ELIJAH SWEOWAT,
Defendant - Appellant.
No. 12-30161
D.C. No. 2:10-cr-02125-FVS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Fred L. Van Sickle, District Judge, Presiding
Submitted August 14, 2013**
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
Elijah Sweowat appeals from the district court’s judgment and challenges
his jury-trial conviction and 188-month sentence for crime on an Indian
reservation, aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153 and
2241(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Sweowat’s
FILED
AUG 19 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-30161 2
counsel has filed a brief stating that there are no grounds for relief, along with a
motion to withdraw as counsel of record. Sweowat has filed a motion for summary
judgment, which we construe as 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.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED.

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