U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Patrick Carby

United States v. Patrick Carby
U.S. Court of Appeals for the Ninth Circuit · Decided June 24, 2013 · Tallman, Smith, Hurwitz
531 F. App'x 803

United States v. Patrick Carby

Opinion

MEMORANDUM **

Patrick Gary Carby appeals from the district court’s judgment and challenges the 46-month sentence imposed following his guilty-plea conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Carby’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. No answering brief has been filed.

Carby has filed a pro se supplemental brief, arguing for the first time on appeal that the district court improperly imposed a three-year term of supervised release. The district court did not plainly err in imposing a term of supervised release.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.

**

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.