United States v. Le Chen

FILED NOT FOR PUBLICATION JAN 25 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-10558 Plaintiff - Appellee, D.C. No. 1:14-cr-00008-RVM v. MEMORANDUM* LE XIANG CHEN, Defendant - Appellant. Appeal from the United States District Court for the District of the Northern Mariana Islands Ramona V. Manglona, Chief Judge, Presiding Submitted January 20, 2016** Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges. Le Xiang Chen appeals from the district court’s judgment and challenges the 46-month sentence imposed following his guilty-plea conviction for distribution of methamphetamine near a school, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 860. Pursuant to Anders v. California, 386 U.S. 738 (1967), Chen’s counsel * 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). has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Chen 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. Counsel’s motion to withdraw is GRANTED. AFFIRMED. 2 14-10558