United States Court of Appeals, Ninth CircuitMar 31, 2010
372 Fed. Appx. 801 (9th Cir. 2010)

No. 09-10117.

Submitted March 16, 2010.

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

Filed March 31, 2010.

Beverly Wee Sameshima, Assistant U.S., USH — Office of the U.S. Attorney, Honolulu, HI, for Plaintiff-Appellee.

Alexander Silvert, Assistant Federal Public Defender, FPDHI — Federal Public Defender's Office, Honolulu, HI, Jeffrey Vincent, USP — U.S Penitentiary, Pollock, LA, for Defendant-Appellant.

Appeal from the United States District Court for the District of Hawaii, David A. Ezra, District Judge, Presiding. D.C. No. 1:98-CR-00763-DAE.

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.


This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Jeffrey Vincent appeals from the district court's denial of his 18 U.S.C. § 3582(c)(2) motion to modify his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Aikens' counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Appellant has filed a pro se supplemental brief, and the Government has filed an answering brief.

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.

Accordingly, counsel's motion to withdraw is GRANTED, and the district court's judgment is AFFIRMED.

All pending motions are denied.