Opinion
No. 17-30060
03-19-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LESTER DEAN OXENDINE, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:16-cr-00017-DLC MEMORANDUM Appeal from the United States District Court for the District of Montana
Dana L. Christensen, Chief Judge, Presiding Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Lester Dean Oxendine appeals from the district court's judgment and challenges his guilty-plea convictions and 300-month aggregate sentence for conspiracy to possess methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846, and possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). Pursuant to Anders v. California, 386 U.S. 738 (1967), Oxendine's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Oxendine 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 (1988), discloses no arguable grounds for relief on direct appeal.
Counsel's motion to withdraw is GRANTED.
AFFIRMED.