U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Edward Lutt

United States v. Edward Lutt
U.S. Court of Appeals for the Ninth Circuit · Decided July 26, 2010 · Alarcon, Leavy, Graber
389 F. App'x 690

United States v. Edward Lutt

Opinion

ORDER

We instruct the Clerk to withdraw the memorandum disposition filed on July 21, 2010, and to file the attached memorandum disposition simultaneously with this order.

MEMORANDUM **

Edward Lutt appeals from the 15-month sentence imposed following his guilty-plea conviction for conspiracy, in violation of 18 U.S.C. § 371, and engaging in monetary transactions with criminally derived property, in violation of 18 U.S.C. §§ 1957(a) and 2. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Lutt’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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal. We dismiss the appeal of the sentence in light of the valid *691 appeal waiver. See United States v. Nguyen, 235 F.3d 1179, 1182 (9th Cir. 2000).

Counsel’s motion to withdraw is GRANTED.

The conviction is AFFIRMED, and the appeal of the sentence is DISMISSED.

**

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

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