United States v. Michael Pohlable , 439 F. App'x 669 ( 2011 )

FILED
NOT FOR PUBLICATION JUN 24 2011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. 09-50252
Plaintiff - Appellee, D.C. No. 8:07-cr-00033-DOC
v.
MEMORANDUM *
MICHAEL EUGENE POHLABLE,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
David O. Carter, District Judge, Presiding
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Michael Eugene Pohlable appeals from his conditional guilty-plea
conviction and 21-month sentence for conspiracy, in violation of 21 U.S.C. § 846,
and distribution of methylenedioxymethamphetamine, in violation of 21 U.S.C.
§ 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Pohlable’s
*
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).
counsel has filed a brief 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.
2 09-50252