Opinion
No. 06-50380.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed September 10, 2008.
Becky S. Walker, Esq., Dorothy C. Kim, Esq., Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.
James M. Crawford, Esq., Orange, CA, Koran McKinley Allen, U.S. Penitentiary, Adelanto, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Central District of California, Dale S. Fischer, District Judge, Presiding. D.C. No. CR-02-00904-DSF-4.
Before: TASHIMA, SILVERMAN and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Koran McKinley Allen appeals from the 319-month sentence imposed upon remand following his jury-trial conviction for conspiracy, in violation of 18 U.S.C. § 371, armed bank robbery, in violation of 18 U.S.C. § 2113(a), (d), and use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Allen's counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Appellant has filed a pro se supplemental brief, the government has filed an answering brief, and appellant has filed a reply.
Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.
Accordingly, counsel's motion to withdraw is GRANTED, and the district court's judgment is AFFIRMED.