531 F. App'x 803

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Gary CARBY, Defendant-Appellant.

No. 11-10665.

United States Court of Appeals, Ninth Circuit.

Submitted June 18, 2013.*

Filed June 24, 2013.

OIL, DOJ-U.S. Department of Justice, Washington, DC, Mark S. Kokanovich, *804USPX-Office of the U.S. Attorney, Phoenix, AZ, for Plaintiff-Appellee.

Eric W. Kessler, Kessler Law Offices, Mesa, AZ, Defendant-Appellant.

Patrick Gary Carby, pro se.

Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.

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.

United States v. Carby
531 F. App'x 803

Case Details

Name
United States v. Carby
Decision Date
Jun 24, 2013
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531 F. App'x 803

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United States

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