United States v. Baker

Full title: UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRIS BAKER, Defendant…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 18, 2006

No. 05-10623 (9th Cir. Sep. 18, 2006)

Opinion

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHRIS BAKER, Defendant - Appellant. No. 05-10623 United States Court of Appeals, Ninth Circuit September 18, 2006

NOT FOR PUBLICATION

Submitted September 11, 2006^**

** This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Appeal from the United States District Court for the District of Hawaii Susan Oki Mollway, District Judge, Presiding, D.C. No. CR-03-00563-SOM

Before: PREGERSON, T.G. NELSON and GRABER, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Chris Baker appeals from the district court§s judgment and 60-month sentence imposed following his guity-plea conviction for possession with intent to distribute 5 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), and possession with intent to distribute a quantity of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).

Pursuant to Anders v. California, 386 U.S. 738 (1967), Baker§s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. 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, 80-81 (1988), discloses no grounds for relief on direct appeal.

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