United States v. Juvenile Male

FILED NOT FOR PUBLICATION MAR 14 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 08-30354 Plaintiff - Appellee, D.C. No. 08-CR-00059-RFC v. MEMORANDUM * JUVENILE MALE, Defendant - Appellant. Appeal from the United States District Court for the District of Montana Richard F. Cebull, Chief District Judge, Presiding Submitted March 8, 2011 ** Before: FARRIS, LEAVY, and BYBEE, Circuit Judges. R.C., a juvenile male, appeals from an order in which the district court adjudged him to be a juvenile delinquent and sentenced him to five years detention based on violations of 18 U.S.C. § 2242(2)(B) (sexual abuse) and 18 U.S.C. § 1153(a) (offense committed within Indian country). Pursuant to Anders v. * 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). California, 386 U.S. 738 (1967), R.C.’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. Counsel’s motion to withdraw is GRANTED, and the district court’s order is AFFIRMED. 2 08-30354