FILED NOT FOR PUBLICATION AUG 19 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS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. 12-30161 Plaintiff - Appellee, D.C. No. 2:10-cr-02125-FVS v. MEMORANDUM * ELIJAH SWEOWAT, Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, District Judge, Presiding Submitted August 14, 2013 ** Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.

Elijah Sweowat appeals from the district court’s judgment and challenges his jury-trial conviction and 188-month sentence for crime on an Indian reservation, aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153 and 2241(a). Pursuant to Anders v. California, 386 U.S. 738 (1967), Sweowat’s * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Sweowat has filed a motion for summary judgment, which we construe as a pro se supplemental brief. No answering brief has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

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