United States v. Matthew Burgess

U.S. Court of Appeals for the Ninth Circuit

United States v. Matthew Burgess

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 7 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-30147

Plaintiff-Appellee, D.C. No. 9:08-cr-00005-DWM-1

v. MEMORANDUM* MATTHEW SCOTT BURGESS,

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Submitted February 4, 2020**

Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.

Matthew Scott Burgess appeals from the district court’s judgment and

challenges the revocation of supervised release and the 24-month sentence

imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738 (1967),

Burgess’s counsel has filed a brief stating that there are no grounds for relief, along

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). with a motion to withdraw as counsel of record. We have provided Burgess 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.

AFFIRMED.

2 19-30147

Reference

Status
Unpublished