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U.S. v. Diehl

United States Court of Appeals, Ninth Circuit
Aug 6, 2008
286 F. App'x 522 (9th Cir. 2008)

Opinion

No. 07-30101.

Submitted July 22, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed August 6, 2008.

Helen J. Brunner, Esq., Vincent T. Lombardi, Esq., USSE-Office of the U.S. Attorney, Seattle, WA, for Plaintiff-Appellee.

Charles A. Johnston, Esq., Felker, Lazares Johnston, Tacoma, WA, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Washington, Ronald B. Leighton, District Judge, Presiding. D.C. No. CR-05-05238-RBL.

Before: B. FLETCHER, THOMAS and WARDLAW, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


William John Diehl appeals from the 120-month sentence imposed following his guilty-plea conviction for transportation of a minor with intent to engage in illicit sexual activity, in violation of 18 U.S.C. § 2423(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Diehl's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Diehl has filed 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, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

We decline to review Diehl's ineffective assistance of counsel claims because such claims are generally inappropriate on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th Cir. 2003)

Accordingly, counsel's motion to withdraw is GRANTED, and the district court's judgment is AFFIRMED.


Summaries of

U.S. v. Diehl

United States Court of Appeals, Ninth Circuit
Aug 6, 2008
286 F. App'x 522 (9th Cir. 2008)
Case details for

U.S. v. Diehl

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. William John DIEHL…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 6, 2008

Citations

286 F. App'x 522 (9th Cir. 2008)