Opinion
No. 10-30352 D.C. No. 2:10-cr-00178-EJL
01-20-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SCOTT ANDREW HENRY, 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NOT FOR PUBLICATION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 Idaho
Edward J. Lodge, District Judge, Presiding
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Scott Andrew Henry appeals from his conviction and 108-month sentence for possession of sexually explicit images of minors, in violation of 18 U.S.C. § 2252(a)(4)(B). Pursuant to Anders v. California, 386 U.S. 738 (1967), Henry'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.