UNITED STATES of America, Plaintiff-Appellee, v. Artrelle FRAGHER, aka Richard Lee Evans, aka Fragher Smith, aka Kenneth Winzer, Defendant-Appellant.
Artrelle Fragher appeals from the district court's judgment and challenges his guilty-plea convictions and concurrent 77-month sentences for three counts of possession with intent to distribute a controlled substance, and three counts of distribution and possession with intent to distribute a controlled substance within 1,000 feet of a school, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 860(a). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Fragher's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. Fragher has filed multiple pro se supplemental briefs. The government has filed an answering brief.
Fragher entered into a plea agreement that contained an appeal waiver. Assuming without deciding that the appeal waiver is not enforceable, 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. Fragher's pro se challenges to the district court's jurisdiction are unavailing. See United States v. Marks, 530 F.3d 799, 810 (9th Cir. 2008).
Counsel's motion to withdraw is GRANTED. All other pending motions and requests are DENIED.