Opinion
No. 11-10220 D.C. No. 3:09-cr-08126-NVW
02-22-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KEVIN JAMES BELONE, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Neil V. Wake, District Judge, Presiding
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Kevin James Belone appeals from his guilty-plea conviction and 120-month sentence for voluntary manslaughter, in violation of 18 U.S.C. §§ 1112 and 1153. Pursuant to Anders v. California, 386 U.S. 738 (1967), Belone'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 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.