Huffine

FILED

NOT FOR PUBLICATION APR 20 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 07-30396

Plaintiff - Appellee, D.C. No. CR-05-00019-DWM

v.

MEMORANDUM *

ELDON LEWIS HUFFINE,

Defendant - Appellant.

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

Submitted April 5, 2009 **

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Eldon Lewis Huffine appeals from the five-month sentence imposed upon

revocation of his supervised release. Pursuant to Anders v. California, 386 U.S.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 738 (1967), Huffine’s counsel has filed a brief stating there are no grounds for

relief, along with a motion to withdraw as counsel of record.

By order filed February 4, 2010, counsel was advised that the court…