Opinion
20-30212
07-21-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANDREW THOMAS SWAGER, Defendant-Appellant.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for the District of Montana D.C. No. 6:09-cr-00012-CCL-1, Charles C. Lovell, District Judge, Presiding
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Andrew Thomas Swager appeals from the 13-month custodial sentence and lifetime term of supervised release imposed following the district court's revocation of supervised release. Pursuant to Anders v. California, 386 U.S. 738 (1967), Swager'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 Swager 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.