Opinion
No. 17-10353
05-18-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. RYAN KIMURA, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 1:10-cr-00537-SOM MEMORANDUM Appeal from the United States District Court for the District of Hawaii
Susan O. Mollway, District Judge, Presiding Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Ryan Kimura appeals from the revocation of supervised release and aggregate 6-month sentence imposed upon revocation to be followed by a total of 54 months of supervised release. Pursuant to Anders v. California, 386 U.S. 738 (1967), Kimura's counsel had filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Kimura 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 Kimura's claim of ineffective assistance of counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).
Counsel's motion to withdraw is GRANTED.
AFFIRMED.