Opinion
Argued and Submitted July 12, 2005.
Submission Vacated July 18, 2005.
Resubmitted Sept. 2, 2005.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Alan Hechtkopf, Attorney, Karen M. Queshel, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.
Joe P. Josephson, Esq., Josephson and Associates, Anchorage, AK, for Defendant-Appellant.
Appeal from the United States District Court for the District of Alaska, James K. Singleton, Chief Judge, Presiding. D.C. No. CR-03-00087-a-1-JKS.
Before: GOODWIN, BRUNETTI, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
The above captioned case is re-submitted.
Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel for Helen Smith has filed a brief stating there are no grounds for relief, and a motion to withdraw as counsel of record. Smith did not file a pro se supplemental brief.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no grounds for relief.
Accordingly, counsel's motion to withdraw is GRANTED, and Smith's convictions and sentence are AFFIRMED.