United States v. James Many White Horses

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 18 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-30224 Plaintiff-Appellee, D.C. No. 9:07-cr-00063-DWM v. MEMORANDUM* JAMES CLEVELAND MANY WHITE HORSES, a.k.a. J.C. Many White Horses, Defendant-Appellant. Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding Submitted May 15, 2018** Before: SILVERMAN, BEA, and WATFORD, Circuit Judges. James Cleveland Many White Horses appeals from the district court’s judgment and challenges the 12-month custodial sentence and 10-year term of supervised release imposed upon revocation of supervised release. Pursuant to Anders v. California, 386 U.S. 738 (1967), Many White Horses’s counsel has filed * 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). a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Many White Horses 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 17-30224