Narrative Opinion Summary
Gerald Deon Motley appeals his conviction and 180-month sentence for multiple offenses, including possession with intent to distribute cocaine base, being a felon in possession of a firearm, and possessing a firearm in furtherance of a drug trafficking crime. The legal basis for the charges stems from violations of 21 U.S.C. § 841(a)(1), 18 U.S.C. § 924(c), and 922(g)(1). The court has jurisdiction under 28 U.S.C. § 1291. Counsel for Motley has submitted a brief, citing no grounds for relief, along with a motion to withdraw. Motley has submitted a pro se supplemental brief and a reply brief, while the government has responded. Following an independent review of the record and briefs, the court finds no grounds for relief. Consequently, the court grants the motion to withdraw filed by counsel and affirms the district court's judgment. The decision is not intended for publication and cannot be cited in this circuit except as allowed by 9th Cir. R. 36-3.
Legal Issues Addressed
Affirmation of District Court's Judgmentsubscribe to see similar legal issues
Application: The court affirmed the district court's judgment after reviewing the case details.
Reasoning: Consequently, the court grants the motion to withdraw filed by counsel and affirms the district court's judgment.
Appellate Jurisdiction under 28 U.S.C. § 1291subscribe to see similar legal issues
Application: The court's jurisdiction to hear the appeal is based on this statute.
Reasoning: The court has jurisdiction under 28 U.S.C. § 1291.
Counsel's Motion to Withdrawsubscribe to see similar legal issues
Application: Counsel for Motley submitted a brief citing no grounds for relief and a motion to withdraw, which the court granted.
Reasoning: Counsel for Motley has submitted a brief, citing no grounds for relief, along with a motion to withdraw.
Felon in Possession of a Firearm under 18 U.S.C. § 922(g)(1)subscribe to see similar legal issues
Application: Motley was convicted of being a felon in possession of a firearm, as per the statute's provisions.
Reasoning: Gerald Deon Motley appeals his conviction and 180-month sentence for multiple offenses, including... being a felon in possession of a firearm...
Independent Review of Record and Briefssubscribe to see similar legal issues
Application: The court conducted an independent review of the record and briefs, finding no grounds for relief.
Reasoning: Following an independent review of the record and briefs, the court finds no grounds for relief.
Non-Publication and Citation Restrictionssubscribe to see similar legal issues
Application: The decision is not intended for publication and cannot be cited in this circuit except as allowed by specific court rules.
Reasoning: The decision is not intended for publication and cannot be cited in this circuit except as allowed by 9th Cir. R. 36-3.
Possession of a Firearm in Furtherance of a Drug Trafficking Crime under 18 U.S.C. § 924(c)subscribe to see similar legal issues
Application: The conviction included possessing a firearm in furtherance of a drug trafficking crime, under this statute.
Reasoning: Gerald Deon Motley appeals his conviction and 180-month sentence for multiple offenses, including... possessing a firearm in furtherance of a drug trafficking crime.
Possession with Intent to Distribute under 21 U.S.C. § 841(a)(1)subscribe to see similar legal issues
Application: Gerald Deon Motley was convicted for possession with intent to distribute cocaine base, violating this statute.
Reasoning: Gerald Deon Motley appeals his conviction and 180-month sentence for multiple offenses, including possession with intent to distribute cocaine base...