United States v. Eric Willoughby

FILED NOT FOR PUBLICATION AUG 16 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10384 Plaintiff - Appellee, D.C. No. 2:09-cr-00185-PMP v. MEMORANDUM * ERIC LAMONT WILLOUGHBY, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Philip M. Pro, District Judge, Presiding Submitted August 11, 2011 ** Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges. Eric Lamont Willoughby appeals from his guilty-plea conviction and 36- month sentence for bank robbery and aiding and abetting, in violation of 18 U.S.C. §§ 2 and 2113(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Willoughby’s counsel has filed a brief stating there are no grounds for relief, along * 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). 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. Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. 2 10-10384