United States v. Antonio Gantt

FILED NOT FOR PUBLICATION SEP 30 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10297 Plaintiff - Appellee, D.C. No. 2:08-cr-00148-PMP v. MEMORANDUM * ANTONIO WARREN GANTT, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Philip M. Pro, District Judge, Presiding Submitted September 27, 2011 ** Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges. Antonio Warren Gantt appeals from his guilty-plea conviction and 188-month sentence for armed and assaultive bank robbery, in violation of 18 U.S.C. § 2113(a), (d). Pursuant to Anders v. California, 386 U.S. 738 (1967), Gantt’s counsel has filed a brief stating there are no grounds for relief, along with a * 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). motion to withdraw as counsel of record. We have provided the appellant with 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, 80-81 (1988), discloses no arguable grounds for relief on direct appeal. Counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED. Gantt’s pro se motion to dismiss the appeal is denied as moot. 2 10-10297