United States v. Brian Mixon

FILED NOT FOR PUBLICATION JUL 21 2010

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. 09-30317

Plaintiff - Appellee, D.C. No. 2:08-cr-00308-EJL v.

MEMORANDUM * BRIAN SCOTT MIXON,

Defendant - Appellant.

Appeal from the United States District Court for the District of Idaho Edward J. Lodge, District Judge, Presiding Submitted June 29, 2010 **

Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.

Brian Scott Mixon appeals from his guilty-plea conviction and 60-month sentence for possession of sexually explicit images of minors, in violation of 18 U.S.C. § 2252(a)(4)(B), and from his forfeiture under 18 U.S.C. § 2253. Pursuant

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. to Anders v. California, 386 U.S. 738 (1967), Mixon’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 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 09-30317