Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the Central District of California. D.C. Nos. 2:92-cv-07597-TJH, 2:87-cr-00886-TJH. Terry J. Hatter, Jr., District Judge, Presiding.
For UNITED STATES OF AMERICA, Plaintiff - Appellee: Jean-Claude Andre, Assistant U.S. Attorney, Keri Curtis Axel, Assistant U.S. Attorney, OFFICE OF THE U.S. ATTORNEY, Los Angeles, CA.
MICHAEL O. DEVAUGHN, Defendant - Appellant, Pro se, Los Angeles, CA.
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Michael O. DeVaughn appeals from the district court's denial of his motion under Federal Rule of Civil Procedure 60(b) to set aside the court's 1993 judgment denying his 28 U.S.C. § 2255 motion. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), DeVaughn's counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. DeVaughn 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, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief.
Counsel's motion to withdraw is GRANTED.
AFFIRMED.