United States v. 2020-10-29 | 19-10145 | USA V. KENNETH LITES | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

KENNETH WAYNE LITES, AKA Kenneth
Lites,

Defendant-Appellant.

No. 19-10145

D.C. No. 2:14-cr-00274-DGC-1

MEMORANDUM
*

Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding

Submitted October 26, 2020
**

Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.

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 (1967), Lites’s counsel
has filed a brief stating that there are no grounds for relief, along with a motion to

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

OCT 29 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-10145
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 (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.