UNITED STATES v. LITES (2020)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wayne LITES, aka Kenneth Lites, Defendant-Appellant.

No. 19-10145

Decided: October 29, 2020

Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges. Krissa Marie Lanham, USPX - Office of the US Attorney, Phoenix, AZ, Plaintiff-Appellee Kenneth Wayne Lites, Pro Se

MEMORANDUM **

Kenneth Wayne Lites appeals from the revocation of supervised release and the 9-month sentence and 24-month term of supervised release imposed upon revocation. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Lites'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 Lites 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

We decline to address on direct appeal Lites's claims of ineffective assistance of counsel, which he raised in the pro se notice of appeal. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).

Counsel's motion to withdraw is GRANTED.

AFFIRMED.