Opinion
No. 10-50325 D.C. No. 2:99-cr-01095-SVW
12-21-2011
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. STEVE ERIC KEY, a.k.a. Seal A, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted December 19, 2011
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Steve Eric Key appeals from the district court's order denying his 18 U.S.C. § 3582(c)(2) motion for reduction of sentence. Pursuant to Anders v. California, 386 U.S. 738 (1967), Key's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record.
In his pro se supplemental brief, Key challenges his career offender status and alleges procedural errors at the original sentencing.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel's motion to withdraw is GRANTED, Key's pro se motion for new counsel is DENIED, and the district court's judgment is AFFIRMED.