U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Rudyard Williams

United States v. Rudyard Williams
U.S. Court of Appeals for the Ninth Circuit · Decided May 27, 2011 · Pregerson, Thomas, Paez
435 F. App'x 601

United States v. Rudyard Williams

Opinion

MEMORANDUM **

Rudyard C. Williams appeals from his jury-trial conviction and 120-month sentence for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), and possession of a firearm in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924(c)(l)(A)(i). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Williams’s counsel has filed a brief stating there are no arguable 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. Williams has filed pro se supplemental briefs and the appellee has filed an answering brief.

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 grounds for relief on direct appeal.

We grant the government’s motion to strike factual allegations in William’s pro se reply brief that are not part of the district court record. See Lowry v. Barnhart, 329 F.3d 1019, 1024-26 (9th Cir. 2003).

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 9 th Cir. R. 36-3.

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