United States v. Dashon Richardson

MEMORANDUM

Dashon Lavar Richardson appeals from his guilty-plea conviction and 168-month sentence for distribution of cocaine base in the form of crack cocaine, in violation of 21 U.S.C. § 841 (a)(1). Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Richardson’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. The appellant has filed a pro se supplemental brief and a pro se motion to “consolidate issues and facts within his motion.” The government has filed a motion to summarily affirm the conviction and dismiss the appeal for lack of jurisdiction.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 , 109 S.Ct. 346 , 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

The government’s motion is DENIED. See United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc). The appellant’s pro se motion is also DENIED.

Counsel’s motion to withdraw' is GRANTED, and the district court’s judgment is AFFIRMED. However, we REMAND sua sponte for the limited purpose of correcting the judgment to reflect…