FILED

NOT FOR PUBLICATION JAN 24 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-50578

Plaintiff - Appellee, D.C. No. 2:09-cr-01265-PSG v.

MEMORANDUM* ELIOTT JAY DRESHER, a.k.a. Eliott Dresher,

Defendant - Appellant.

Appeal from the United States District Court

for the Central District of California

Philip S. Gutierrez, District Judge, Presiding

Submitted January 21, 2014** Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.

Eliott Jay Dresher appeals from the district court’s judgment and challenges the $8,880,389.05 order of restitution imposed following his guilty-plea conviction

*

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).

12-50578 for mail fraud, in violation of 18 U.S.C. § 1341. Pursuant to Anders v. California, 386 U.S. 738 (1967), Dresher’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Dresher has filed a pro se supplemental brief, and the government has filed an answering brief.

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

Counsel’s motion to withdraw is GRANTED. Dresher’s request for appointment of new counsel is DENIED.

AFFIRMED.

2 12-50578