NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 21 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 20-30212
Plaintiff-Appellee, D.C. No. 6:09-cr-00012-CCL-1
v.
MEMORANDUM*
ANDREW THOMAS SWAGER,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted July 19, 2021**
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
Andrew Thomas Swager appeals from the 13-month custodial sentence and
lifetime term of supervised release imposed following the district court’s
revocation of supervised release. Pursuant to Anders v. California, 386 U.S. 738
(1967), Swager’s counsel has filed a brief stating that there are no grounds for
*
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).
relief, along with a motion to withdraw as counsel of record. We have provided
Swager 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 20-30212