United States v. Gerald Christian , 466 F. App'x 631 ( 2012 )

FILED
NOT FOR PUBLICATION JAN 19 2012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. 10-30169
Plaintiff - Appellee, D.C. No. 4:08-cr-00287-EJL
v.
MEMORANDUM *
GERALD CHRISTIAN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Gerald Christian appeals from his guilty plea conviction and 24-month
sentence for possession of sexually exploitative images of minors in interstate
commerce, in violation of 18 U.S.C. §2252(a)(4)(B). Pursuant to Anders v.
*
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).
California, 386 U.S. 738 (1967), Christian’s counsel has filed a brief stating that
there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Christian 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. We
dismiss in light of the valid appeal waiver. See United States v. Nguyen, 235 F.3d
1179, 1182 (9th Cir. 2000).
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 10-30169