NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-30060
Plaintiff-Appellee, D.C. No. 2:16-cr-00017-DLC
v.
MEMORANDUM*
LESTER DEAN OXENDINE,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Lester Dean Oxendine appeals from the district court’s judgment and
challenges his guilty-plea convictions and 300-month aggregate sentence for
conspiracy to possess methamphetamine with intent to distribute, in violation of 21
U.S.C. §§ 841(b)(1)(B) and 846, and possession of a firearm in furtherance of a
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). Pursuant to
Anders v. California, 386 U.S. 738 (1967), Oxendine’s counsel 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 Oxendine 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 17-30060