FILED
NOT FOR PUBLICATION JAN 23 2012
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. 10-50087
Plaintiff - Appellee, D.C. No. 2:08-cr-00564-ODW
v.
MEMORANDUM *
LEWIS LEE SETTLES,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, District Judge, Presiding
**
Submitted January 17, 2012
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Lewis Lee Settles appeals from the 180-month aggregate sentence imposed
following his guilty-plea convictions for drug and firearm crimes. Pursuant to
Anders v. California, 386 U.S. 738 (1967), Settles’s counsel has filed a brief
*
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).
stating there are no grounds for relief, along with a 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.
Accordingly, counsel’s motion to withdraw is GRANTED, and the district
court’s judgment is AFFIRMED.1
1
Appellant’s December 30, 2011, motion requesting leave to file late
supplemental excerpts of record is GRANTED. The Clerk is directed to file
Settles’s supplemental excerpts of record received on December 14, 2011.
2 10-50087