FILED
NOT FOR PUBLICATION JAN 25 2010
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. 08-50453
Plaintiff - Appellee, D.C. No. 2:08-cr-00322-R
v.
MEMORANDUM *
DASHON LAVAR RICHARDSON,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Dashon Lavar Richardson appeals from his guilty-plea conviction and 168-
month sentence for distribution of cocaine base in the form of crack cocaine, in
*
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).
EF/Research
violation of 21 U.S.C. § 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738
(1967), Richardson’s counsel has filed a brief stating there are no grounds for
relief, along with a motion to withdraw as counsel of record. The appellant has
filed a pro se supplemental brief and a pro se motion to “consolidate issues and
facts within his motion.” The government has filed a motion to summarily affirm
the conviction and dismiss the appeal for lack of jurisdiction.
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.
The government’s motion is DENIED. See United States v. Jacobo
Castillo, 496 F.3d 947, 957 (9th Cir. 2007) (en banc). The appellant’s pro se
motion is also DENIED.
Counsel’s motion to withdraw is GRANTED, and the district court’s
judgment is AFFIRMED. However, we REMAND sua sponte for the limited
purpose of correcting the judgment to reflect that the term of supervised release is
five years for Count 4 and three years for Count 7, to run concurrently. See
18 U.S.C. § 3583(b); 21 U.S.C. § 841(b)(1)(B)-(C).
EF/Research 2 08-50453