NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 12 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 17-30112
17-30211
Plaintiff-Appellee,
D.C. No. 4:02-cr-00052-DLC
v.
VICTOR CHARLES FOURSTAR, Jr., MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted July 10, 2018**
Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
In these consolidated appeals, Victor Charles Fourstar, Jr., appeals from the
revocations of supervised release and 6-month sentence imposed upon his second
revocation to be followed by 49 months of supervised release. Pursuant to Anders
v. California, 386 U.S. 738 (1967), Fourstar’s counsel has filed a brief stating that
*
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).
there are no grounds for relief, along with a motion to withdraw as counsel of
record. Fourstar has filed multiple pro se supplemental briefs. We have
considered all of the arguments raised in the supplemental briefs, as well as in
Fourstar’s motion for alternate counsel. No 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 in these direct appeals.
We decline to address on direct appeal Fourstar’s pro se claim of ineffective
assistance of counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th
Cir. 2011).
Counsel’s motion to withdraw is GRANTED. Fourstar’s pro se motion for
alternate counsel is DENIED.
AFFIRMED.
2 17-30112 & 17-30211