FILED
NOT FOR PUBLICATION MAR 15 2011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. 09-30346
Plaintiff - Appellee, D.C. No. 9:09-cr-00004-DWM
v.
MEMORANDUM *
DANIEL LYN BENNETT,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Daniel Lyn Bennett appeals from his guilty-plea conviction and 200-month
sentence for conspiracy to distribute methamphetamine, in violation of 21 U.S.C.
§ 846. Pursuant to Anders v. California, 386 U.S. 738 (1967), Bennett’s counsel
has filed a brief stating there are no grounds for relief, along with a motion to
*
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).
withdraw as counsel of record. We have provided the appellant with the
opportunity to file a pro se supplemental brief. A supplemental brief and
answering brief have 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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.
2 09-30346