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United States v. Matthew Burgess, 19-30147 (2020)

Court: Court of Appeals for the Ninth Circuit Number: 19-30147 Visitors: 8
Filed: Feb. 07, 2020
Latest Update: Mar. 03, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 7 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-30147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
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                            NOT FOR PUBLICATION                            FILED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

Source:  CourtListener

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