FILED
NOT FOR PUBLICATION DEC 18 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-30402
Plaintiff - Appellee, D.C. No. 6:12-cr-00011-DLC
v.
MEMORANDUM*
SHAWN BRIAN ELTRINGHAM, Jr.,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Shawn Brian Eltringham, Jr., appeals from the district court’s judgment and
challenges his guilty-plea conviction and 24-month sentence for distribution of
methamphetamine, in violation of 21 U.S.C. § 841(a), (b)(1)(C). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Eltringham’s counsel has filed a brief
*
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).
stating that there are no grounds for relief. We have provided Eltringham 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 (1988), discloses no arguable grounds for relief on direct appeal.
Eltringham’s request for a remand is denied. See United States v. Ruiz, 536
U.S. 622, 633 (2002) (“[T]he Constitution does not require the Government to
disclose material impeachment evidence prior to entering a plea agreement with a
criminal defendant.”).
AFFIRMED.
2 12-30402