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UNITED STATES of America, Plaintiff-Appellee, v. Barry Scott TOLBERT, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2010-01-08No. No. 07-50463
361 F. App'x 846

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Opinion

majority opinion

MEMORANDUM

Barry Scott Tolbert appeals from his guilty-plea conviction and 240-month mandatory minimum sentence for conspiracy, possession with intent to distribute and distribution of cocaine, cocaine base, and methamphetamine, and aiding and abetting, in violation of 21 U.S.C. §§ 841(a)(1), 846 and 18 U.S.C. § 2. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Tolbert’s 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 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.