Opinion

United States v. Brown

  • 314 F. App'x 915
Court
Court of Appeals for the Ninth Circuit
Filed
Dec 3, 2008
Status
Published
On the bench
Alarcón, Leavy, Tallman
Cited by
0 cases
Authority
More cited than 10.5%

The opinion

MEMORANDUM **

In these consolidated cases, Leonard Brown appeals from his guilty-plea conviction and 212-month sentence for conspiracy to manufacture and aid and abet the manufacture of phencyclidine (“PCP”) and to possess with intent to distribute PCP, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and conspiracy to distribute and possess with intent to distribute one kilogram or more of mixtures and substances containing a detectable amount of PCP, in violation of 21 U.S.C. §§ 841 (a)(1) and 846.

Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Brown’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Brown has filed pro se supplemental briefs, and the Government has filed an answering brief.

Brown conditionally waived his right to appeal his sentence with the exception of the district court’s determination of certain conditions of supervised release. Our examination of the briefs and 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), indicate that the appeal waiver is operative. Accordingly, we dismiss the appeal in part. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir.2000).

With regard to Brown’s conviction and the conditions of supervised release, from which he retained the right to appeal, our independent review of the record discloses no arguable grounds for relief on direct appeal, and we affirm.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED in part; DISMISSED in part.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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