United States v. Derrick Frankson

U.S. Court of Appeals for the Ninth Circuit

United States v. Derrick Frankson

Opinion

FILED

NOT FOR PUBLICATION NOV 28 2014

MOLLY C. DWYER, CLERK

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

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-10619

Plaintiff - Appellee, D.C. No. 2:13-cr-00466-SMM v.

MEMORANDUM* DERRICK MYRAN FRANKSON, a.k.a. Derek White,

Defendant - Appellant.

Appeal from the United States District Court

for the District of Arizona

Stephen M. McNamee, District Judge, Presiding

Submitted November 18, 2014** Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.

Derrick Myran Frankson appeals from the district court’s judgment and challenges his jury-trial conviction and 27-month sentence for reentry of a removed alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California,

*

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). 386 U.S. 738 (1967), Frankson’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Frankson 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 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED.

Frankson’s pro se motion filed May 9, 2014, to relieve counsel and for permission to file his own brief is DENIED as unnecessary.

AFFIRMED.

2 13-10619

Reference

Status
Unpublished