FILED
UNITED STATES COURT OF APPEALS JUL 26 2010
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U.S . CO U RT OF AP PE A LS
UNITED STATES OF AMERICA, No. 09-50182
Plaintiff - Appellee, D.C. No. 8:06-cr-00061-JVS-2
Central District of California,
v. Santa Ana
EDWARD LUTT, AKA Tony,
ORDER
Defendant - Appellant.
Before: ALARCMN, LEAVY and GRABER, Circuit Judges.
We instruct the Clerµ to withdraw the memorandum disposition filed on July
21, 2010, and to file the attached memorandum disposition simultaneously with
this order.
FILED
NOT FOR PUBLICATION JUL 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50182
Plaintiff - Appellee, D.C. No. 8:06-cr-00061-JVS
v.
MEMORANDUM *
EDWARD LUTT,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted June 29, 2010**
Before: ALARCMN, LEAVY, and GRABER, Circuit Judges.
Edward Lutt appeals from the 15-month sentence imposed following his
guilty-plea conviction for conspiracy, in violation of 18 U.S.C. y 371, and
engaging in monetary transactions with criminally derived property, in violation of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
18 U.S.C. yy 1957(a) and 2. Pursuant to Anders v. California, 386 U.S. 738
(1967), Lutt'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 the appeal of the sentence 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.
The conviction is AFFIRMED, and the appeal of the sentence is
DISMISSED.
2 09-50182