United States v. Austin
This text of 305 F. App'x 428 (United States v. Austin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Emerson Boyd Austin appealed from his jury-trial conviction and 600-month sentence for aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153, 2241(a), and 2246(2)(A) and (2)(D), and sexual abuse of a minor, in violation of 18 U.S.C. §§ 1153, 2243(a) and 2246(2)(A).
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Austin’s counsel filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Austin filed a pro se supplemental brief and a pro se motion to appoint new counsel. No answering brief has been filed.
The record indicates that Austin is now deceased. Therefore, counsel’s motion to withdraw is GRANTED, Austin’s pro se motion to appoint new counsel is DENIED, and we dismiss the appeal as moot.
DISMISSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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305 F. App'x 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-austin-ca9-2008.